83_FR_29812 83 FR 29689 - Safety Zone; Bay Village Independence Day Fireworks; Lake Erie, Bay Village, OH

83 FR 29689 - Safety Zone; Bay Village Independence Day Fireworks; Lake Erie, Bay Village, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range29689-29691
FR Document2018-13600

The Coast Guard is establishing a temporary safety zone for navigable waters within a 560-foot radius of the launch site located at Cahoon Park, Bay Village, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Bay Village Independence Day 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 Sector Buffalo.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29689-29691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13600]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0567]
RIN 1625-AA00


Safety Zone; Bay Village Independence Day Fireworks; Lake Erie, 
Bay Village, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 560-foot radius of the launch site located at 
Cahoon Park, Bay Village, OH. This safety zone is intended to restrict 
vessels from a portion of Lake Erie during the Bay Village Independence 
Day 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

[[Page 29690]]

persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Sector Buffalo.

DATES: This rule is effective from 9:45 p.m. through 10:45 p.m. on July 
4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0567 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 Ryan Junod, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email 
Ryan.S.Junod@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.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 4, 2018, from 9:45 p.m. 
through 10:45 p.m. The safety zone will encompass all waters of Lake 
Erie, Bay Village, OH contained within 560-foot radius of: 
41[deg]29'23.9'' N, 081[deg]55'44.5'' 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.

[[Page 29691]]

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

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.T09-0567 to read as follows:


Sec.  165.T09-0567  Safety Zone; Bay Village Independence Day 
Fireworks; Lake Erie, Bay Village, OH.

    (a) Location. This zone will encompass all U.S waterways within a 
560 foot radius of the fireworks launch site located at position 
41[deg]29'23.9'' N, 081[deg]55'44.5'' W, Bay Village, OH (NAD 83).
    (b) Enforcement period. This regulation is effective and will be 
enforced on July 4, 2018 from 9:45 p.m. until 10:45 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall 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 20, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13600 Filed 6-25-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations                                                29689

                                                Small businesses may send comments                    we do discuss the effects of this rule                    (b) Effective period. This section is
                                              on the actions of Federal employees                     elsewhere in this preamble.                            effective from 8:45 p.m. through 10 p.m.
                                              who enforce, or otherwise determine                                                                            on June 30, 2018.
                                                                                                      F. Environment
                                              compliance with, Federal regulations to                                                                           (c) Regulations. (1) In accordance with
                                              the Small Business and Agriculture                         We have analyzed this rule under                    the general regulations in § 165.23 of
                                              Regulatory Enforcement Ombudsman                        Department of Homeland Security                        this part, entry into this zone is
                                              and the Regional Small Business                         Directive 023–01 and Commandant                        prohibited unless authorized by the
                                              Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                 Captain of the Port Sector New Orleans
                                              Ombudsman evaluates these actions                       Coast Guard in complying with the                      (COTP) or designated representative. A
                                              annually and rates each agency’s                        National Environmental Policy Act of                   designated representative is a
                                              responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                  commissioned, warrant, or petty officer
                                              wish to comment on actions by                           determined that this action is one of a                of the U.S. Coast Guard assigned to
                                              employees of the Coast Guard, call 1–                   category of actions that do not                        units under the operational control of
                                              888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                    USCG Sector New Orleans.
                                              Coast Guard will not retaliate against                  significant effect on the human                           (2) Vessels requiring entry into this
                                              small entities that question or complain                environment. This rule involves a safety               safety zone must request permission
                                              about this rule or any policy or action                 zone lasting one hour and fifteen                      from the COTP or a designated
                                              of the Coast Guard.                                     minutes that will prohibit entry between               representative. They may be contacted
                                                                                                      mile marker 94 and mile marker 95 on                   on VHF–FM Channel 16 or 67 or by
                                              C. Collection of Information                                                                                   telephone at (504) 365–2200.
                                                                                                      the Lower Mississippi River above Head
                                                This rule will not call for a new                     of Passes. It is categorically excluded                   (3) Persons and vessels permitted to
                                              collection of information under the                     from further review under paragraph                    enter this safety zone must transit at
                                              Paperwork Reduction Act of 1995 (44                     L60(a) of Appendix A, Table 1 of DHS                   their slowest safe speed and comply
                                              U.S.C. 3501–3520).                                      Instruction Manual 023–01–001–01,                      with all lawful directions issued by the
                                                                                                      Rev. 01. A Record of Environmental                     COTP or the designated representative.
                                              D. Federalism and Indian Tribal                                                                                   (d) Information broadcasts. The COTP
                                                                                                      Consideration supporting this
                                              Governments                                                                                                    or a designated representative will
                                                                                                      determination is available in the docket
                                                 A rule has implications for federalism               where indicated under ADDRESSES.                       inform the public through Broadcast
                                              under Executive Order 13132,                                                                                   Notices to Mariners and Local Notices to
                                                                                                      G. Protest Activities                                  Mariners of any changes in the planned
                                              Federalism, if it has a substantial direct
                                              effect on the States, on the relationship                 The Coast Guard respects the First                   schedule.
                                              between the national government and                     Amendment rights of protesters.                          Dated: June 12, 2018.
                                              the States, or on the distribution of                   Protesters are asked to contact the                    K.M. Luttrell,
                                              power and responsibilities among the                    person listed in the FOR FURTHER                       Captain, U.S. Coast Guard, Captain of the
                                              various levels of government. We have                   INFORMATION CONTACT section to                         Port Sector New Orleans.
                                              analyzed this rule under that Order and                 coordinate protest activities so that your             [FR Doc. 2018–13644 Filed 6–25–18; 8:45 am]
                                              have determined that it is consistent                   message can be received without
                                                                                                                                                             BILLING CODE 9110–04–P
                                              with the fundamental federalism                         jeopardizing the safety or security of
                                              principles and preemption requirements                  people, places or vessels.
                                              described in Executive Order 13132.                     List of Subjects in 33 CFR Part 165                    DEPARTMENT OF HOMELAND
                                                 Also, this rule does not have tribal                                                                        SECURITY
                                              implications under Executive Order                        Harbors, Marine safety, Navigation
                                              13175, Consultation and Coordination                    (water), Reporting and recordkeeping                   Coast Guard
                                              with Indian Tribal Governments,                         requirements, Security measures,
                                              because it does not have a substantial                  Waterways.                                             33 CFR Part 165
                                              direct effect on one or more Indian                       For the reasons discussed in the                     [Docket Number USCG–2018–0567]
                                              tribes, on the relationship between the                 preamble, the Coast Guard amends 33
                                              Federal Government and Indian tribes,                   CFR part 165 as follows:                               RIN 1625–AA00
                                              or on the distribution of power and
                                              responsibilities between the Federal                    PART 165—REGULATED NAVIGATION                          Safety Zone; Bay Village Independence
                                              Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                         Day Fireworks; Lake Erie, Bay Village,
                                              believe this rule has implications for                                                                         OH
                                              federalism or Indian tribes, please                     ■ 1. The authority citation for part 165               AGENCY:    Coast Guard, DHS.
                                              contact the person listed in the FOR                    continues to read as follows:
                                                                                                                                                             ACTION:   Temporary final rule.
                                              FURTHER INFORMATION CONTACT section.                      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;              SUMMARY:   The Coast Guard is
                                              E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation             establishing a temporary safety zone for
                                                The Unfunded Mandates Reform Act                      No. 0170.1.                                            navigable waters within a 560-foot
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T08–0331 to read as                     radius of the launch site located at
                                              Federal agencies to assess the effects of               follows:                                               Cahoon Park, Bay Village, OH. This
                                              their discretionary regulatory actions. In                                                                     safety zone is intended to restrict
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                                              particular, the Act addresses actions                   § 165.T08–0331 Safety Zone; Lower                      vessels from a portion of Lake Erie
                                              that may result in the expenditure by a                 Mississippi River, New Orleans, LA.                    during the Bay Village Independence
                                              State, local, or tribal government, in the                (a) Location. The following area is a                Day fireworks display. This temporary
                                              aggregate, or by the private sector of                  safety zone: All navigable waters of the               safety zone is necessary to protect
                                              $100,000,000 (adjusted for inflation) or                Lower Mississippi River, New Orleans,                  mariners and vessels from the
                                              more in any one year. Though this rule                  LA from mile marker (MM) 94 to MM                      navigational hazards associated with a
                                              will not result in such an expenditure,                 95 above Head of Passes.                               fireworks display. Entry of vessels or


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                                              29690              Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations

                                              persons into this zone is prohibited                    objectives of ensuring safety of life on               interfere with other agencies, will not
                                              unless specifically authorized by the                   the navigable waters and protection of                 adversely alter the budget of any grant
                                              Captain of the Port Sector Buffalo.                     persons and vessels in the vicinity of                 or loan recipients, and will not raise any
                                              DATES: This rule is effective from 9:45                 the fireworks display.                                 novel legal or policy issues. The safety
                                              p.m. through 10:45 p.m. on July 4, 2018.                                                                       zone created by this rule will be
                                                                                                      III. Legal Authority and Need for Rule                 relatively small and enforced for a
                                              ADDRESSES: To view documents
                                              mentioned in this preamble as being                        The Coast Guard is issuing this rule                relatively short time. Also, the safety
                                              available in the docket, go to http://                  under authority in 33 U.S.C. 1231. The                 zone has been designed to allow vessels
                                              www.regulations.gov, type USCG–2018–                    Captain of the Port Buffalo (COTP) has                 to transit around it. Thus, restrictions on
                                              0567 in the ‘‘SEARCH’’ box and click                    determined that a fireworks display                    vessel movement within that particular
                                              ‘‘SEARCH.’’ Click on Open Docket                        presents significant risks to the public               area are expected to be minimal. Under
                                              Folder on the line associated with this                 safety and property. Such hazards                      certain conditions, moreover, vessels
                                              rule.                                                   include premature and accidental                       may still transit through the safety zone
                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                      detonations, dangerous projectiles, and                when permitted by the Captain of the
                                              you have questions on this rule, call or                falling or burning debris. This rule is                Port.
                                              email LT Ryan Junod, Chief of                           needed to protect personnel, vessels,
                                                                                                                                                             B. Impact on Small Entities
                                              Waterways Management, U.S. Coast                        and the marine environment in the
                                                                                                      navigable waters within the safety zone                   The Regulatory Flexibility Act of
                                              Guard Marine Safety Unit Cleveland;                                                                            1980, 5 U.S.C. 601–612, as amended,
                                              telephone 216–937–0124, email                           while the fireworks display takes place.
                                                                                                                                                             requires Federal agencies to consider
                                              Ryan.S.Junod@uscg.mil.                                  IV. Discussion of the Rule                             the potential impact of regulations on
                                              SUPPLEMENTARY INFORMATION:                                This rule establishes a safety zone on               small entities during rulemaking. The
                                              I. Table of Abbreviations                               July 4, 2018, from 9:45 p.m. through                   term ‘‘small entities’’ comprises small
                                                                                                      10:45 p.m. The safety zone will                        businesses, not-for-profit organizations
                                              CFR Code of Federal Regulations
                                                                                                      encompass all waters of Lake Erie, Bay                 that are independently owned and
                                              DHS Department of Homeland Security
                                              FR Federal Register                                     Village, OH contained within 560-foot                  operated and are not dominant in their
                                              NPRM Notice of proposed rulemaking                      radius of: 41°29′23.9″ N, 081°55′44.5″                 fields, and governmental jurisdictions
                                              § Section                                               W.                                                     with populations of less than 50,000.
                                              U.S.C. United States Code                                 Entry into, transiting, or anchoring                 The Coast Guard certifies under 5 U.S.C.
                                                                                                      within the safety zone is prohibited                   605(b) that this rule will not have a
                                              II. Background Information and
                                                                                                      unless authorized by the Captain of the                significant economic impact on a
                                              Regulatory History
                                                                                                      Port Buffalo or his designated on-scene                substantial number of small entities.
                                                 The Coast Guard is issuing this                      representative. The Captain of the Port                   While some owners or operators of
                                              temporary rule without prior notice and                 or his designated on-scene                             vessels intending to transit the safety
                                              opportunity to comment pursuant to                      representative may be contacted via                    zone may be small entities, for the
                                              authority under section 4(a) of the                     VHF Channel 16.                                        reasons stated in section V.A above, this
                                              Administrative Procedure Act (APA)(5                                                                           rule will not have a significant
                                              U.S.C. 553(b)). This provision                          V. Regulatory Analyses                                 economic impact on any vessel owner
                                              authorizes an agency to issue a rule                      We developed this rule after                         or operator.
                                              without prior notice and opportunity to                 considering numerous statutes and                         Under section 213(a) of the Small
                                              comment when the agency for good                        Executive orders related to rulemaking.                Business Regulatory Enforcement
                                              cause find that those procedures are                    Below we summarize our analyses                        Fairness Act of 1996 (Pub. L. 104–121),
                                              ‘‘impracticable, unnecessary, or contrary               based on a number of these statutes and                we want to assist small entities in
                                              to public interest.’’ On April 19, 2018,                Executive orders, and we discuss First                 understanding this rule. If the rule
                                              the Captain of the Port (COTP) Buffalo                  Amendment rights of protestors.                        would affect your small business,
                                              published a notice of proposed                                                                                 organization, or governmental
                                              rulemaking (NPRM), Docket Number                        A. Regulatory Planning and Review                      jurisdiction and you have questions
                                              USCG–2017–1112, to make temporary                          Executive Orders 12866 and 13563                    concerning its provisions or options for
                                              safety zones for annual events a final                  direct agencies to assess the costs and                compliance, please contact the person
                                              rule. This event was included in the                    benefits of available regulatory                       listed in the FOR FURTHER INFORMATION
                                              NPRM. Its purpose was to mitigate                       alternatives and, if regulation is                     CONTACT section.
                                              potential threats to personnel, vessels,                necessary, to select regulatory                           Small businesses may send comments
                                              and the marine environment in the                       approaches that maximize net benefits.                 on the actions of Federal employees
                                              navigable waters within the specified                   Executive Order 13771 directs agencies                 who enforce, or otherwise determine
                                              safety zones. The NPRM addressed                        to control regulatory costs through a                  compliance with, Federal regulations to
                                              these concerns, and invited the public                  budgeting process. This rule has not                   the Small Business and Agriculture
                                              to comment during the comment period,                   been designated a ‘‘significant                        Regulatory Enforcement Ombudsman
                                              which ended on May 21, 2018. As such,                   regulatory action,’’ under Executive                   and the Regional Small Business
                                              it is unnecessary to publish an NPRM                    Order 12866. Accordingly, this rule has                Regulatory Fairness Boards. The
                                              for this temporary rule because the                     not been reviewed by the Office of                     Ombudsman evaluates these actions
                                              public had opportunity to comment on                    Management and Budget (OMB), and                       annually and rates each agency’s
                                              it and no comments were received                        pursuant to OMB guidance it is exempt                  responsiveness to small business. If you
sradovich on DSK3GMQ082PROD with RULES




                                              concerning this event.                                  from the requirements of Executive                     wish to comment on actions by
                                                 Under 5 U.S.C 553(d)(3), the Coast                   Order 13771.                                           employees of the Coast Guard, call
                                              Guard finds that good cause exists for                     This regulatory action determination                1–888–REG–FAIR (1–888–734–3247).
                                              making this rule effective less than 30                 is based on the conclusion that this rule              The Coast Guard will not retaliate
                                              days after publication in the Federal                   is not a significant regulatory action. We             against small entities that question or
                                              Register. Delaying the effective date                   anticipate that it will have minimal                   complain about this rule or any policy
                                              would be contrary to the rule’s                         impact on the economy, will not                        or action of the Coast Guard.


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                                                                 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations                                                29691

                                              C. Collection of Information                            1 of DHS Instruction Manual 023–01–                      (4) Vessel operators desiring to enter
                                                This rule will not call for a new                     001–01, Rev. 01. A Record of                           or operate within the safety zone shall
                                              collection of information under the                     Environmental Consideration                            contact the Captain of the Port Buffalo
                                              Paperwork Reduction Act of 1995 (44                     supporting this determination is                       or his on-scene representative to obtain
                                              U.S.C. 3501–3520).                                      available in the docket where indicated                permission to do so. The Captain of the
                                                                                                      under ADDRESSES.                                       Port Buffalo or his on-scene
                                              D. Federalism and Indian Tribal                                                                                representative may be contacted via
                                              Governments                                             G. Protest Activities
                                                                                                                                                             VHF Channel 16. Vessel operators given
                                                 A rule has implications for federalism                 The Coast Guard respects the First                   permission to enter or operate in the
                                              under Executive Order 13132,                            Amendment rights of protesters.                        safety zone must comply with all
                                              Federalism, if it has a substantial direct              Protesters are asked to contact the                    directions given to them by the Captain
                                              effect on the States, on the relationship               person listed in the FOR FURTHER                       of the Port Buffalo, or his on-scene
                                              between the national government and                     INFORMATION CONTACT section to                         representative.
                                              the States, or on the distribution of                   coordinate protest activities so that your
                                                                                                      message can be received without                          Dated: June 20, 2018.
                                              power and responsibilities among the                                                                           Joseph S. Dufresne,
                                              various levels of government. We have                   jeopardizing the safety or security of
                                                                                                      people, places or vessels.                             Captain, U.S. Coast Guard, Captain of the
                                              analyzed this rule under that Order and                                                                        Port Buffalo.
                                              have determined that it is consistent                   List of Subjects in 33 CFR Part 165                    [FR Doc. 2018–13600 Filed 6–25–18; 8:45 am]
                                              with the fundamental federalism
                                                                                                        Harbors, Marine safety, Navigation                   BILLING CODE 9110–04–P
                                              principles and preemption requirements
                                                                                                      (water), Reporting and recordkeeping
                                              described in Executive Order 13132.
                                                 Also, this rule does not have tribal                 requirements, Security measures,
                                              implications under Executive Order                      Waterways.                                             ENVIRONMENTAL PROTECTION
                                              13175, Consultation and Coordination                      For the reasons discussed in the                     AGENCY
                                              with Indian Tribal Governments,                         preamble, the Coast Guard amends 33
                                              because it does not have a substantial                  CFR part 165 as follows:                               40 CFR Part 35
                                              direct effect on one or more Indian                                                                            [EPA–HQ–OW–2016–0569; FRL–9979–90–
                                                                                                      PART 165—REGULATED NAVIGATION
                                              tribes, on the relationship between the                                                                        OW]
                                                                                                      AREAS AND LIMITED ACCESS AREAS
                                              Federal Government and Indian tribes,
                                              or on the distribution of power and                     ■ 1. The authority citation for part 165               Previously-Incurred Costs in the WIFIA
                                              responsibilities between the Federal                    continues to read as follows:                          Program
                                              Government and Indian tribes. If you                                                                           AGENCY:  Environmental Protection
                                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              believe this rule has implications for                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              Agency (EPA).
                                              federalism or Indian tribes, please                     Department of Homeland Security Delegation             ACTION: Interim final rule.
                                              contact the person listed in the FOR                    No. 0170.1.
                                              FURTHER INFORMATION CONTACT section                     ■ 2. Add § 165.T09–0567 to read as                     SUMMARY:    With this interim final rule
                                              above.                                                  follows:                                               Environmental Protection Agency (EPA)
                                              E. Unfunded Mandates Reform Act                                                                                is amending the Water Infrastructure
                                                                                                      § 165.T09–0567 Safety Zone; Bay Village                Finance and Innovation Act (WIFIA)
                                                The Unfunded Mandates Reform Act                      Independence Day Fireworks; Lake Erie,
                                                                                                                                                             regulations to clarify the process for,
                                              of 1995 (2 U.S.C. 1531–1538) requires                   Bay Village, OH.
                                                                                                                                                             and conditions under which, a recipient
                                              Federal agencies to assess the effects of                  (a) Location. This zone will                        of WIFIA credit assistance can include
                                              their discretionary regulatory actions. In              encompass all U.S waterways within a                   costs incurred, and the value of integral
                                              particular, the Act addresses actions                   560 foot radius of the fireworks launch                in-kind contributions made, before
                                              that may result in the expenditure by a                 site located at position 41°29′23.9″ N,                receipt of assistance in the calculation
                                              State, local, or tribal government, in the              081°55′44.5″ W, Bay Village, OH (NAD                   of total eligible costs, and can be
                                              aggregate, or by the private sector of                  83).                                                   reimbursed for certain of those costs by
                                              $100,000,000 (adjusted for inflation) or                   (b) Enforcement period. This
                                                                                                                                                             WIFIA loan proceeds. This interim final
                                              more in any one year. Though this rule                  regulation is effective and will be
                                                                                                                                                             rule pertains to a matter involving a
                                              will not result in such an expenditure,                 enforced on July 4, 2018 from 9:45 p.m.
                                                                                                                                                             federal loan and loan guarantee program
                                              we do discuss the effects of this rule                  until 10:45 p.m.
                                                                                                         (c) Regulations. (1) In accordance with             and is therefore exempt from the
                                              elsewhere in this preamble.
                                                                                                      the general regulations in § 165.23 of                 rulemaking requirements of the
                                              F. Environment                                                                                                 Administrative Procedure Act. As such,
                                                                                                      this part, entry into, transiting, or
                                                We have analyzed this rule under                      anchoring within this safety zone is                   EPA is issuing this rule as interim final.
                                              Department of Homeland Security                         prohibited unless authorized by the                    DATES: This rule is effective on June 26,
                                              Directive 023–01 and Commandant                         Captain of the Port Buffalo or his                     2018. Comments must be received on or
                                              Instruction M16475.1D, which guide the                  designated on-scene representative.                    before August 27, 2018.
                                              Coast Guard in complying with the                          (2) This safety zone is closed to all               ADDRESSES: Submit your comments,
                                              National Environmental Policy Act of                    vessel traffic, except as may be                       identified by Docket ID No. EPA–HQ–
                                              1969 (42 U.S.C. 4321–4370f), and have                   permitted by the Captain of the Port                   OW–2016–0569, at http://
                                              determined that this action is one of a                 Buffalo or his designated on-scene                     www.regulations.gov. Follow the online
sradovich on DSK3GMQ082PROD with RULES




                                              category of actions that do not                         representative.                                        instructions for submitting comments.
                                              individually or cumulatively have a                        (3) The ‘‘on-scene representative’’ of              Once submitted, comments cannot be
                                              significant effect on the human                         the Captain of the Port Buffalo is any                 edited or removed from Regulations.gov.
                                              environment. This rule establishes a                    Coast Guard commissioned, warrant or                   The EPA may publish any comment
                                              temporary safety zone. It is categorically              petty officer who has been designated                  received to its public docket. Do not
                                              excluded from further review under                      by the Captain of the Port Buffalo to act              submit electronically any information
                                              paragraph L60(a) of Appendix A, Table                   on his behalf.                                         you consider to be Confidential


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Document Created: 2018-06-26 00:52:47
Document Modified: 2018-06-26 00:52:47
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 9:45 p.m. through 10:45 p.m. on July 4, 2018.
ContactIf you have questions on this rule, call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email [email protected]
FR Citation83 FR 29689 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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