83_FR_28660 83 FR 28541 - Safety Zone; City of Oswego Community Fireworks; Oswego Harbor, Oswego, NY

83 FR 28541 - Safety Zone; City of Oswego Community Fireworks; Oswego Harbor, Oswego, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 119 (June 20, 2018)

Page Range28541-28543
FR Document2018-13239

The Coast Guard is establishing a temporary safety zone for navigable waters within a 420-foot radius of the launch site located at the Oswego Harbor, Lake Ontario, Oswego, NY. This safety zone is intended to restrict vessels from portions of Lake Ontario during the City of Oswego Community fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 83 Issue 119 (Wednesday, June 20, 2018)
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Rules and Regulations]
[Pages 28541-28543]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13239]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0579]
RIN 1625-AA00


Safety Zone; City of Oswego Community Fireworks; Oswego Harbor, 
Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 420-foot radius of the launch site located at 
the Oswego Harbor, Lake Ontario, Oswego, NY. This safety zone is 
intended to restrict vessels from portions of Lake Ontario during the 
City of Oswego Community fireworks display. This temporary safety zone 
is necessary to protect mariners and vessels from the navigational 
hazards associated with a fireworks display. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Buffalo.

DATES: This rule is effective from 8:45 p.m. until 10:15 p.m. on July 
1, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0579 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Michael Collet, Chief Waterways Management Division, 
U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo-WWM@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause find that those 
procedures are ``impracticable, unnecessary, or contrary to public 
interest.'' On April 19, 2018, the Captain of the Port (COTP) Buffalo 
published a notice of proposed rulemaking (NPRM), Docket Number USCG-
2017-1112, to make temporary safety zones for annual events a final 
rule. This event was included in the NPRM. Its purpose was to mitigate 
potential threats to personnel, vessels, and the marine environment in 
the navigable waters within the specified safety zones. The NPRM 
addressed these concerns, and invited the public to comment during the 
comment period, which ended on May 21, 2018. As such, it is unnecessary 
to publish an NPRM for this temporary rule because the public had 
opportunity to comment on it and no comments were received concerning 
this event.
    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. Delaying the effective date would 
be contrary to the rule's objectives of ensuring safety of life on the 
navigable waters and protection of persons and vessels in the vicinity 
of the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo (COTP) has determined that a 
fireworks display presents significant risks to the public safety and 
property. Such hazards include premature and accidental detonations, 
dangerous projectiles, and falling or burning debris. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the fireworks display 
takes place.

[[Page 28542]]

IV. Discussion of the Rule

    This rule establishes a safety zone on July 1, 2018, from 8:45 p.m. 
until 10:15 p.m. The safety zone will encompass all waters of Lake 
Ontario, Oswego, NY contained within 420-foot radius of: 
43[deg]27'55.91'' N, 076[deg]30'59.04'' W.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule 
establishes a temporary safety zone. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

[[Page 28543]]

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0579 to read as follows:


Sec.  165.T09-0579   Safety Zone; City of Oswego Community Fireworks; 
Oswego Harbor, Oswego, NY.

    (a) Location. The safety zone will encompass all waters of the Lake 
Ontario, Oswego, NY contained within a 420-foot radius of: 
43[deg]27'55.91'' N, 076[deg]30'59.04'' W.
    (b) Enforcement period. This regulation will be enforced from 8:45 
p.m. until 10:15 p.m. on July 1, 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 
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: June 15, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13239 Filed 6-19-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations                                         28541

                                                Dated: May 29, 2018.                                    This document is issued under                        I. Table of Abbreviations
                                              K.B. Reed,                                              authority of 33 CFR 165.943 and 5
                                                                                                                                                             CFR Code of Federal Regulations
                                              Captain, U.S. Coast Guard, Captain of the               U.S.C. 552(a). In addition to this
                                                                                                                                                             DHS Department of Homeland Security
                                              Port Long Island Sound.                                 publication in the Federal Register, the               FR Federal Register
                                              [FR Doc. 2018–13254 Filed 6–19–18; 8:45 am]             Coast Guard will provide the maritime                  NPRM Notice of proposed rulemaking
                                              BILLING CODE 9110–04–P                                  community with advance notification of                 § Section
                                                                                                      the enforcement of this safety zone via                U.S.C. United States Code
                                                                                                      Broadcast Notice to Mariners.
                                              DEPARTMENT OF HOMELAND                                    Dated: June 14, 2018.                                II. Background Information and
                                              SECURITY                                                E.E. Williams,
                                                                                                                                                             Regulatory History

                                              Coast Guard                                             Commander, U.S. Coast Guard, Captain of                   The Coast Guard is issuing this
                                                                                                      the Port Duluth.                                       temporary rule without prior notice and
                                              33 CFR Part 165                                         [FR Doc. 2018–13236 Filed 6–19–18; 8:45 am]            opportunity to comment pursuant to
                                                                                                      BILLING CODE 9110–04–P                                 authority under section 4(a) of the
                                              [Docket No. USCG–2018–0596]
                                                                                                                                                             Administrative Procedure Act (APA) (5
                                              Safety Zones; Recurring Events in                                                                              U.S.C. 553(b)). This provision
                                                                                                      DEPARTMENT OF HOMELAND                                 authorizes an agency to issue a rule
                                              Captain of the Port Duluth Zone—                        SECURITY
                                              Cornucopia Annual Fireworks Display                                                                            without prior notice and opportunity to
                                                                                                      Coast Guard                                            comment when the agency for good
                                              AGENCY:  Coast Guard, DHS.                                                                                     cause find that those procedures are
                                              ACTION: Notice of enforcement of                                                                               ‘‘impracticable, unnecessary, or contrary
                                                                                                      33 CFR Part 165
                                              regulation.                                                                                                    to public interest.’’ On April 19, 2018,
                                                                                                      [Docket Number USCG–2018–0579]                         the Captain of the Port (COTP) Buffalo
                                              SUMMARY:    The Coast Guard will enforce
                                                                                                                                                             published a notice of proposed
                                              the safety zone for the Cornucopia
                                                                                                      RIN 1625–AA00                                          rulemaking (NPRM), Docket Number
                                              Annual Fireworks Display in
                                              Cornucopia, WI from 9:30 p.m. through                                                                          USCG–2017–1112, to make temporary
                                                                                                      Safety Zone; City of Oswego                            safety zones for annual events a final
                                              11:30 p.m. on June 30, 2018. This action                Community Fireworks; Oswego
                                              is necessary to protect participants and                                                                       rule. This event was included in the
                                                                                                      Harbor, Oswego, NY                                     NPRM. Its purpose was to mitigate
                                              spectators during the Cornucopia
                                              Fireworks Display. During the                           AGENCY:    Coast Guard, DHS.                           potential threats to personnel, vessels,
                                              enforcement period, entry into,                         ACTION:   Temporary final rule.                        and the marine environment in the
                                              transiting, or anchoring within the                                                                            navigable waters within the specified
                                              safety zone is prohibited unless                        SUMMARY:   The Coast Guard is                          safety zones. The NPRM addressed
                                              authorized by the Captain of the Port                   establishing a temporary safety zone for               these concerns, and invited the public
                                              Duluth or their designated on-scene                     navigable waters within a 420-foot                     to comment during the comment period,
                                              representative.                                         radius of the launch site located at the               which ended on May 21, 2018. As such,
                                                                                                      Oswego Harbor, Lake Ontario, Oswego,                   it is unnecessary to publish an NPRM
                                              DATES: The regulations in 33 CFR
                                                                                                      NY. This safety zone is intended to                    for this temporary rule because the
                                              165.943(b) will be enforced from 9:30                   restrict vessels from portions of Lake                 public had opportunity to comment on
                                              p.m. through 11:30 p.m. on June 30,                     Ontario during the City of Oswego                      it and no comments were received
                                              2018, for the Cornucopia Annual                         Community fireworks display. This                      concerning this event.
                                              Fireworks Display safety zone,                          temporary safety zone is necessary to
                                              § 165.943(a)(4).                                                                                                  Under 5 U.S.C 553(d)(3), the Coast
                                                                                                      protect mariners and vessels from the                  Guard finds that good cause exists for
                                              FOR FURTHER INFORMATION CONTACT: If                     navigational hazards associated with a
                                              you have questions on this document,                                                                           making this rule effective less than 30
                                                                                                      fireworks display. Entry of vessels or
                                              call or email LT John Mack, Chief of                                                                           days after publication in the Federal
                                                                                                      persons into this zone is prohibited
                                              Waterways Management, Coast Guard;                                                                             Register. Delaying the effective date
                                                                                                      unless specifically authorized by the
                                              telephone (218)725–3818, email                                                                                 would be contrary to the rule’s
                                                                                                      Captain of the Port Buffalo.
                                              DuluthWWM@uscg.mil.                                                                                            objectives of ensuring safety of life on
                                                                                                      DATES: This rule is effective from 8:45                the navigable waters and protection of
                                              SUPPLEMENTARY INFORMATION: The Coast                    p.m. until 10:15 p.m. on July 1, 2018.                 persons and vessels in the vicinity of
                                              Guard will enforce the safety zone for                  ADDRESSES: To view documents                           the fireworks display.
                                              the annual Cornucopia Annual                            mentioned in this preamble as being
                                              Fireworks Display in 33 CFR                             available in the docket, go to http://                 III. Legal Authority and Need for Rule
                                              165.943(a)(4) from 9:30 p.m. through                    www.regulations.gov, type USCG–2018–
                                              11:30 p.m. on June 30, 2018 on all                                                                                The Coast Guard is issuing this rule
                                                                                                      0579 in the ‘‘SEARCH’’ box and click
                                              waters of Lake Superior bounded by the                                                                         under authority in 33 U.S.C. 1231. The
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket
                                              arc of a circle with a 300 foot radius                                                                         Captain of the Port Buffalo (COTP) has
                                                                                                      Folder on the line associated with this
                                              from the fireworks launch site with it                                                                         determined that a fireworks display
                                                                                                      rule.
                                              center in approximate position                                                                                 presents significant risks to the public
                                                                                                      FOR FURTHER INFORMATION CONTACT: If                    safety and property. Such hazards
                                              46°51′35″ N, 091°06′10″ W.
sradovich on DSK3GMQ082PROD with RULES




                                                 Entry into, transiting, or anchoring                 you have questions on this rule, call or               include premature and accidental
                                              within the safety zone is prohibited                    email LT Michael Collet, Chief                         detonations, dangerous projectiles, and
                                              unless authorized by the Captain of the                 Waterways Management Division, U.S.                    falling or burning debris. This rule is
                                              Port Duluth or their designated on-scene                Coast Guard; telephone 716–843–9322,                   needed to protect personnel, vessels,
                                              representative. The Captain of the Port                 email D09-SMB-SECBuffalo-WWM@                          and the marine environment in the
                                              Duluth or their on-scene representative                 uscg.mil.                                              navigable waters within the safety zone
                                              may be contacted via VHF Channel 16.                    SUPPLEMENTARY INFORMATION:                             while the fireworks display takes place.


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                                              28542            Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations

                                              IV. Discussion of the Rule                              small entities during rulemaking. The                  principles and preemption requirements
                                                This rule establishes a safety zone on                term ‘‘small entities’’ comprises small                described in Executive Order 13132.
                                              July 1, 2018, from 8:45 p.m. until 10:15                businesses, not-for-profit organizations                  Also, this rule does not have tribal
                                              p.m. The safety zone will encompass all                 that are independently owned and                       implications under Executive Order
                                              waters of Lake Ontario, Oswego, NY                      operated and are not dominant in their                 13175, Consultation and Coordination
                                              contained within 420-foot radius of:                    fields, and governmental jurisdictions                 with Indian Tribal Governments,
                                              43°27′55.91″ N, 076°30′59.04″ W.                        with populations of less than 50,000.                  because it does not have a substantial
                                                Entry into, transiting, or anchoring                  The Coast Guard certifies under 5 U.S.C.               direct effect on one or more Indian
                                              within the safety zone is prohibited                    605(b) that this rule will not have a                  tribes, on the relationship between the
                                              unless authorized by the Captain of the                 significant economic impact on a                       Federal Government and Indian tribes,
                                              Port Buffalo or his designated on-scene                 substantial number of small entities.                  or on the distribution of power and
                                              representative. The Captain of the Port                    While some owners or operators of                   responsibilities between the Federal
                                              or his designated on-scene                              vessels intending to transit the safety                Government and Indian tribes. If you
                                              representative may be contacted via                     zone may be small entities, for the                    believe this rule has implications for
                                              VHF Channel 16.                                         reasons stated in section V.A above, this              federalism or Indian tribes, please
                                                                                                      rule will not have a significant                       contact the person listed in the FOR
                                              V. Regulatory Analyses
                                                                                                      economic impact on any vessel owner                    FURTHER INFORMATION CONTACT section
                                                We developed this rule after                          or operator.                                           above.
                                              considering numerous statutes and                          Under section 213(a) of the Small
                                              Executive orders related to rulemaking.                 Business Regulatory Enforcement                        E. Unfunded Mandates Reform Act
                                              Below we summarize our analyses                         Fairness Act of 1996 (Pub. L. 104–121),
                                              based on a number of these statutes and                                                                          The Unfunded Mandates Reform Act
                                                                                                      we want to assist small entities in
                                              Executive orders, and we discuss First                                                                         of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                      understanding this rule. If the rule
                                              Amendment rights of protestors.                                                                                Federal agencies to assess the effects of
                                                                                                      would affect your small business,
                                                                                                                                                             their discretionary regulatory actions. In
                                              A. Regulatory Planning and Review                       organization, or governmental
                                                                                                                                                             particular, the Act addresses actions
                                                                                                      jurisdiction and you have questions
                                                 Executive Orders 12866 and 13563                                                                            that may result in the expenditure by a
                                                                                                      concerning its provisions or options for
                                              direct agencies to assess the costs and                                                                        State, local, or tribal government, in the
                                                                                                      compliance, please contact the person
                                              benefits of available regulatory                                                                               aggregate, or by the private sector of
                                                                                                      listed in the FOR FURTHER INFORMATION
                                              alternatives and, if regulation is                                                                             $100,000,000 (adjusted for inflation) or
                                                                                                      CONTACT section.
                                              necessary, to select regulatory                                                                                more in any one year. Though this rule
                                              approaches that maximize net benefits.                     Small businesses may send comments                  will not result in such an expenditure,
                                              Executive Order 13771 directs agencies                  on the actions of Federal employees                    we do discuss the effects of this rule
                                              to control regulatory costs through a                   who enforce, or otherwise determine                    elsewhere in this preamble.
                                              budgeting process. This rule has not                    compliance with, Federal regulations to
                                              been designated a ‘‘significant                         the Small Business and Agriculture                     F. Environment
                                              regulatory action,’’ under Executive                    Regulatory Enforcement Ombudsman
                                                                                                      and the Regional Small Business                          We have analyzed this rule under
                                              Order 12866. Accordingly, this rule has                                                                        Department of Homeland Security
                                              not been reviewed by the Office of                      Regulatory Fairness Boards. The
                                                                                                      Ombudsman evaluates these actions                      Directive 023–01 and Commandant
                                              Management and Budget (OMB), and                                                                               Instruction M16475.1D, which guide the
                                              pursuant to OMB guidance it is exempt                   annually and rates each agency’s
                                                                                                      responsiveness to small business. If you               Coast Guard in complying with the
                                              from the requirements of Executive                                                                             National Environmental Policy Act of
                                              Order 13771.                                            wish to comment on actions by
                                                                                                      employees of the Coast Guard, call                     1969 (42 U.S.C. 4321–4370f), and have
                                                 This regulatory action determination
                                                                                                      1–888–REG–FAIR (1–888–734–3247).                       determined that this action is one of a
                                              is based on the conclusion that this rule
                                                                                                      The Coast Guard will not retaliate                     category of actions that do not
                                              is not a significant regulatory action. We
                                                                                                      against small entities that question or                individually or cumulatively have a
                                              anticipate that it will have minimal
                                                                                                      complain about this rule or any policy                 significant effect on the human
                                              impact on the economy, will not
                                                                                                      or action of the Coast Guard.                          environment. This rule establishes a
                                              interfere with other agencies, will not
                                                                                                                                                             temporary safety zone. It is categorically
                                              adversely alter the budget of any grant                 C. Collection of Information                           excluded from further review under
                                              or loan recipients, and will not raise any
                                                                                                        This rule will not call for a new                    paragraph L60(a) of Appendix A, Table
                                              novel legal or policy issues. The safety
                                                                                                      collection of information under the                    1 of DHS Instruction Manual 023–01–
                                              zone created by this rule will be
                                                                                                      Paperwork Reduction Act of 1995 (44                    001–01, Rev. 01. A Record of
                                              relatively small and enforced for a
                                                                                                      U.S.C. 3501–3520).                                     Environmental Consideration
                                              relatively short time. Also, the safety
                                                                                                                                                             supporting this determination is
                                              zone has been designed to allow vessels                 D. Federalism and Indian Tribal                        available in the docket where indicated
                                              to transit around it. Thus, restrictions on             Governments                                            under ADDRESSES.
                                              vessel movement within that particular
                                              area are expected to be minimal. Under                     A rule has implications for federalism              G. Protest Activities
                                              certain conditions, moreover, vessels                   under Executive Order 13132,
                                              may still transit through the safety zone               Federalism, if it has a substantial direct               The Coast Guard respects the First
                                              when permitted by the Captain of the                    effect on the States, on the relationship              Amendment rights of protesters.
sradovich on DSK3GMQ082PROD with RULES




                                              Port.                                                   between the national government and                    Protesters are asked to contact the
                                                                                                      the States, or on the distribution of                  person listed in the FOR FURTHER
                                              B. Impact on Small Entities                             power and responsibilities among the                   INFORMATION CONTACT section to
                                                The Regulatory Flexibility Act of                     various levels of government. We have                  coordinate protest activities so that your
                                              1980, 5 U.S.C. 601–612, as amended,                     analyzed this rule under that Order and                message can be received without
                                              requires Federal agencies to consider                   have determined that it is consistent                  jeopardizing the safety or security of
                                              the potential impact of regulations on                  with the fundamental federalism                        people, places or vessels.


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                                                               Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations                                             28543

                                              List of Subjects in 33 CFR Part 165                       Dated: June 15, 2018.                                Area to attainment for the 2008 lead
                                                                                                      Joseph S. Dufresne,                                    NAAQS.
                                                Harbors, Marine safety, Navigation                    Captain, U.S. Coast Guard, Captain of the
                                              (water), Reporting and recordkeeping                                                                           DATES:   This rule is effective July 20,
                                                                                                      Port Buffalo.                                          2018.
                                              requirements, Security measures,                        [FR Doc. 2018–13239 Filed 6–19–18; 8:45 am]
                                              Waterways.                                              BILLING CODE 9110–04–P
                                                                                                                                                             ADDRESSES:    EPA has established a
                                                                                                                                                             docket for this action under Docket
                                                For the reasons discussed in the                                                                             Identification No. EPA–R04–OAR–
                                              preamble, the Coast Guard amends 33                                                                            2018–0077. All documents in the docket
                                              CFR part 165 as follows:                                DEPARTMENT OF EDUCATION
                                                                                                                                                             are listed on the www.regulations.gov
                                                                                                      34 CFR Part 668                                        website. Although listed in the index,
                                              PART 165—REGULATED NAVIGATION
                                                                                                                                                             some information may not be publicly
                                              AREAS AND LIMITED ACCESS AREAS                          [Docket ID ED–2017–OPE–0090]                           available, i.e., Confidential Business
                                                                                                                                                             Information or other information whose
                                              ■ 1. The authority citation for part 165                Program Integrity: Gainful Employment                  disclosure is restricted by statute.
                                              continues to read as follows:                                                                                  Certain other material, such as
                                                                                                      Correction
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    copyrighted material, is not placed on
                                                                                                         Proposed rule document 2018–13054,                  the internet and will be publicly
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                      appearing on pages 28177–28178 in the                  available only in hard copy form.
                                              Department of Homeland Security Delegation
                                                                                                      issue of Monday, June 18, 2018, should                 Publicly available docket materials are
                                              No. 0170.1.
                                                                                                      have appeared in the Rules section of                  available either electronically through
                                              ■ 2. Add § 165.T09–0579 to read as                      the issue and the heading should read                  www.regulations.gov or in hard copy at
                                              follows:                                                as set forth above.                                    the Air Regulatory Management Section,
                                                                                                      [FR Doc. C1–2018–13054 Filed 6–19–18; 8:45 am]         Air Planning and Implementation
                                              § 165.T09–0579 Safety Zone; City of
                                              Oswego Community Fireworks; Oswego
                                                                                                      BILLING CODE 1301–00–D                                 Branch, Air, Pesticides and Toxics
                                              Harbor, Oswego, NY.                                                                                            Management Division, U.S.
                                                                                                                                                             Environmental Protection Agency,
                                                (a) Location. The safety zone will                    ENVIRONMENTAL PROTECTION                               Region 4, 61 Forsyth Street SW, Atlanta,
                                              encompass all waters of the Lake                        AGENCY                                                 Georgia 30303–8960. EPA requests that
                                              Ontario, Oswego, NY contained within                                                                           if at all possible, you contact the person
                                              a 420-foot radius of: 43°27′55.91″ N,                   40 CFR Parts 52 and 81                                 listed in the FOR FURTHER INFORMATION
                                              076°30′59.04″ W.                                        [EPA–R04–OAR–2018–0077; FRL–9979–61–                   CONTACT section to schedule your
                                                (b) Enforcement period. This                          Region 4]                                              inspection. The Regional Office’s
                                              regulation will be enforced from 8:45                                                                          official hours of business are Monday
                                              p.m. until 10:15 p.m. on July 1, 2018.                  Air Plan Approval and Air Quality                      through Friday 8:30 a.m. to 4:30 p.m.,
                                                                                                      Designation; AL; Redesignation of the                  excluding Federal holidays.
                                                (c) Regulations. (1) In accordance with               Pike County Lead Nonattainment Area                    FOR FURTHER INFORMATION CONTACT:
                                              the general regulations in § 165.23, entry              to Attainment                                          Ashten Bailey of the Air Regulatory
                                              into, transiting, or anchoring within this
                                                                                                      AGENCY:  Environmental Protection                      Management Section, Air Planning and
                                              safety zone is prohibited unless                                                                               Implementation Branch, Air, Pesticides
                                              authorized by the Captain of the Port                   Agency (EPA).
                                                                                                                                                             and Toxics Management Division, U.S.
                                              Buffalo or his designated on-scene                      ACTION: Final rule.
                                                                                                                                                             Environmental Protection Agency,
                                              representative.                                                                                                Region 4, 61 Forsyth Street SW, Atlanta,
                                                                                                      SUMMARY:   On January 3, 2018, the State
                                                (2) This safety zone is closed to all                 of Alabama, through the Alabama                        Georgia 30303–8960. Ms. Bailey may be
                                              vessel traffic, except as may be                        Department of Environmental                            reached by phone at (404) 562–9164 or
                                              permitted by the Captain of the Port                    Management (ADEM), submitted a                         via electronic mail at bailey.ashten@
                                              Buffalo or his designated on-scene                      request for the Environmental                          epa.gov.
                                              representative.                                         Protection Agency (EPA) to redesignate                 SUPPLEMENTARY INFORMATION:
                                                (3) The ‘‘on-scene representative’’ of                the Troy 2008 lead Nonattainment Area
                                                                                                      (‘‘Troy Area’’ or ‘‘Area’’) to attainment              I. Background
                                              the Captain of the Port Buffalo is any
                                              Coast Guard commissioned, warrant or                    for the 2008 lead (Pb) National Ambient                  On November 12, 2008 (73 FR 66964),
                                              petty officer who has been designated                   Air Quality Standards (NAAQS or                        EPA promulgated a revised primary and
                                              by the Captain of the Port Buffalo to act               standard) and to approve an associated                 secondary lead NAAQS of 0.15
                                              on his behalf.                                          State Implementation Plan (SIP)                        micrograms per cubic meter (mg/m3).
                                                                                                      revision containing a maintenance plan.                Under EPA’s regulations at 40 CFR part
                                                (4) Vessel operators desiring to enter                The Troy Area is comprised of a portion                50, the 2008 lead NAAQS are met when
                                              or operate within the safety zone must                  of Pike County in Alabama surrounding                  the maximum arithmetic 3-month mean
                                              contact the Captain of the Port Buffalo                 the Sanders Lead Company facility                      concentration for a 3-year period, as
                                              or his on-scene representative to obtain                (Sanders Lead Facility or Facility). EPA               determined in accordance with
                                              permission to do so. The Captain of the                 is taking the following final actions                  appendix R of 40 CFR part 50, is less
                                              Port Buffalo or his on-scene                            related to the January 3, 2018,                        than or equal to 0.15 mg/m3. See 40 CFR
sradovich on DSK3GMQ082PROD with RULES




                                              representative may be contacted via                     redesignation request and SIP revision:                50.16. Ambient air quality monitoring
                                              VHF Channel 16. Vessel operators given                  determining that the Troy Area is                      data for the 3-year period must meet a
                                              permission to enter or operate in the                   attaining the 2008 lead NAAQS;                         data completeness requirement.
                                              safety zone must comply with all                        approving the SIP revision containing                    EPA designated the Troy Area as a
                                              directions given to them by the Captain                 the State’s maintenance plan for                       nonattainment area for the 2008 lead
                                              of the Port Buffalo, or his on-scene                    maintaining attainment of the 2008 lead                NAAQS on November 22, 2010 (75 FR
                                              representative.                                         standard; and redesignating the Troy                   71033), effective December 31, 2010,


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Document Created: 2018-06-20 00:20:26
Document Modified: 2018-06-20 00:20:26
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 8:45 p.m. until 10:15 p.m. on July 1, 2018.
ContactIf you have questions on this rule, call or email LT Michael Collet, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo- [email protected]
FR Citation83 FR 28541 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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