83_FR_29844 83 FR 29721 - Safety Zone; USA Triathlon Age Group National Championships Lake Erie, Cleveland, OH

83 FR 29721 - Safety Zone; USA Triathlon Age Group National Championships Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range29721-29723
FR Document2018-13665

The Coast Guard proposes to establish a temporary safety zone for certain waters of Lake Erie during the USA Triathlon National Championships. This action is necessary to provide for the safety of life on these navigable waters near Edgewater Park, Cleveland, OH, during the swim events during the multiple triathlons over the course of three days. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Buffalo or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 123 (Tuesday, June 26, 2018)
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Proposed Rules]
[Pages 29721-29723]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13665]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0427]
RIN 1625-AA00


Safety Zone; USA Triathlon Age Group National Championships Lake 
Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of Lake Erie during the USA Triathlon National 
Championships. This action is necessary to provide for the safety of 
life on these navigable waters near Edgewater Park, Cleveland, OH, 
during the swim events during the multiple triathlons over the course 
of three days. This proposed rulemaking would prohibit persons and 
vessels from being in the safety zone unless authorized by the Captain 
of the Port Buffalo or a designated representative. We invite your 
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 26, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0427 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Michael Collet, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; 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, Purpose, and Legal Basis

    On November 29, 2017, USA Triathlon notified the Coast Guard that 
it will be conducting the USA Triathlon Age Group National 
Championships from 10:00 a.m. to 1:30 p.m. on August 10, 2018, from 
5:00 a.m. to 5:30 p.m. on August 11, 2018, and from 5:00 a.m. to 12:00 
p.m. on August 12, 2018. The swim portion of the multiple triathlon 
events will be held off Edgewater Park in Lake Erie, Cleveland, OH. 
Hazards from swim events include participants swimming in an area that 
has a high amount of recreational traffic and interfering with vessels 
intending to operate in that location, as well as swimming within 
approaches to public and private marinas. The Captain of the Port 
Buffalo (COTP) has determined that potential hazards associated with 
the swim events would be a safety concern for anyone intending to 
participate in this event or for vessels that operate in their 
vicinity.
    The purpose of this rulemaking is to ensure the safety of the event 
participants and transiting vessels on specified waters of Lake Erie 
before, during and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone from 10:00 
a.m. to 1:30 p.m. on August 10, 2018, from 5:00 a.m. to 5:30 p.m. on 
August 11, 2018, and from 5:00 a.m. to 12:00 p.m. on August 12, 2018. 
The safety zone will cover all navigable waters of Lake Erie, off of 
Edgewater Park, Cleveland OH, inside an area starting on shore at 
position 41[deg]29'16'' N, 081[deg]44'49'' W then Northwest to 
41[deg]29'34'' N, 081[deg]45'02'' W then Northeast to 41[deg]29'43'' N, 
081[deg]44'31'' W, then Southeast back to shore at position 
41[deg]29'28'' N, 081[deg]44'22'' (NAD 83). The duration of the zone is 
intended to ensure the safety of vessels and these navigable waters 
before, during, and after the schedule events over the course of the 
three days. No vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. The regulatory text we are proposing appears at the end 
of this document.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 size, 
location, duration, and time-of-day of the safety zone. Moreover, the 
Coast Guard would issue

[[Page 29722]]

a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zone.

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 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management 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 made 
a preliminary determination 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 proposed rule involve a safety 
zone lasting three days that would prohibit entry within all waters of 
Lake Erie, off of Edgewater Park, Cleveland, OH, inside an area 
starting on shore at position 41[deg]29'16'' N, 081[deg]44'49'' W then 
Northwest to 41[deg]29'34'' N, 081[deg]45'02'' W then Northeast to 
41[deg]29'43'' N, 081[deg]44'31'' W, then Southeast back to shore at 
position 41[deg]29'28'' N, 081[deg]44'22'' (NAD 83). Normally such 
actions are 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 preliminary Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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


[[Page 29723]]


    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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.T09-0427 to read as follows:


Sec.  165.T09-0427  Safety Zone; USA Triathlon Age Group National 
Championships; Lake Erie, Cleveland, OH.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie, off of Edgewater Park, Cleveland OH, inside an area starting on 
shore at position 41[deg]29'16'' N, 081[deg]44'49'' W then Northwest to 
41[deg]29'34'' N, 081[deg]45'02'' W then Northeast to 41[deg]29'43'' N, 
081[deg]44'31'' W, and Southeast back to shore at position 
41[deg]29'28'' N, 081[deg]44'22'' (NAD 83).
    (b) Enforcement Period. This rule will be enforced from 10:00 a.m. 
to 1:30 p.m. on August 10, 2018 from 5:00 a.m. to 5:30 p.m. on August 
11, 2018 and from 5:00 a.m. to 12:00 p.m. on August 12, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16.

    Dated: June 20, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13665 Filed 6-25-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules                                           29721

                                                  coordinates are North American Datum                    USA Triathlon National                                 this event or for vessels that operate in
                                                  1983.                                                   Championships. This action is                          their vicinity.
                                                     (b) Definition. As used in this section,             necessary to provide for the safety of life              The purpose of this rulemaking is to
                                                  ‘‘designated representative’’ means                     on these navigable waters near                         ensure the safety of the event
                                                  Coast Guard Patrol Commanders,                          Edgewater Park, Cleveland, OH, during                  participants and transiting vessels on
                                                  including Coast Guard coxswains, petty                  the swim events during the multiple                    specified waters of Lake Erie before,
                                                  officers, and other officers operating                  triathlons over the course of three days.              during and after the scheduled event.
                                                  Coast Guard vessels, and Federal, state,                This proposed rulemaking would                         The Coast Guard proposes this
                                                  and local officers designated by or                     prohibit persons and vessels from being                rulemaking under authority in 33 U.S.C.
                                                  assisting the COTP in the enforcement                   in the safety zone unless authorized by                1231.
                                                  of the regulated areas.                                 the Captain of the Port Buffalo or a                   III. Discussion of Proposed Rule
                                                     (c) Regulations. (1) All persons and                 designated representative. We invite
                                                  vessels are prohibited from entering,                   your comments on this proposed                            The COTP proposes to establish a
                                                  transiting through, anchoring in, or                    rulemaking.                                            temporary safety zone from 10:00 a.m.
                                                  remaining within the regulated area,                                                                           to 1:30 p.m. on August 10, 2018, from
                                                                                                          DATES: Comments and related material                   5:00 a.m. to 5:30 p.m. on August 11,
                                                  except persons and vessels participating                must be received by the Coast Guard on
                                                  in the Swim Around Charleston, or                                                                              2018, and from 5:00 a.m. to 12:00 p.m.
                                                                                                          or before July 26, 2018.                               on August 12, 2018. The safety zone
                                                  serving as safety vessels.
                                                                                                          ADDRESSES: You may submit comments                     will cover all navigable waters of Lake
                                                     (2) Persons and vessels desiring to
                                                  enter, transit through, anchor in, or                   identified by docket number USCG–                      Erie, off of Edgewater Park, Cleveland
                                                  remain within the regulated area may                    2018–0427 using the Federal                            OH, inside an area starting on shore at
                                                  contact the COTP by telephone at (843)                  eRulemaking Portal at http://                          position 41°29′16″ N, 081°44′49″ W then
                                                  740–7050, or a designated                               www.regulations.gov. See the ‘‘Public                  Northwest to 41°29′34″ N, 081°45′02″ W
                                                  representative via VHF radio on channel                 Participation and Request for                          then Northeast to 41°29′43″ N,
                                                  16, to request authorization. If                        Comments’’ portion of the                              081°44′31″ W, then Southeast back to
                                                                                                          SUPPLEMENTARY INFORMATION section for                  shore at position 41°29′28″ N,
                                                  authorization to enter, transit through,
                                                  anchor in, or remain within the                         further instructions on submitting                     081°44′22″ (NAD 83). The duration of
                                                  regulated area is granted, all persons                  comments.                                              the zone is intended to ensure the safety
                                                  and vessels receiving such authorization                FOR FURTHER INFORMATION CONTACT: If                    of vessels and these navigable waters
                                                  must comply with the instructions of                    you have questions about this proposed                 before, during, and after the schedule
                                                  the COTP or a designated                                rulemaking, call or email LT Michael                   events over the course of the three days.
                                                  representative.                                         Collet, Chief of Waterways Management,                 No vessel or person would be permitted
                                                     (3) The Coast Guard will provide                     U.S. Coast Guard Sector Buffalo;                       to enter the safety zone without
                                                  notice of the regulated area by Marine                  telephone 716–843–9322, email D09-                     obtaining permission from the COTP or
                                                  Safety Information Bulletins, Local                     SMB-SECBuffalo-WWM@uscg.mil.                           a designated representative. The
                                                  Notice to Mariners, Broadcast Notice to                 SUPPLEMENTARY INFORMATION:                             regulatory text we are proposing appears
                                                  Mariners, and on-scene designated                                                                              at the end of this document.
                                                  representatives.                                        I. Table of Abbreviations
                                                                                                                                                                 IV. Regulatory Analyses
                                                     (d) Enforcement period. This rule will               CFR Code of Federal Regulations
                                                  be enforced on September 16, 2018 from                  DHS Department of Homeland Security                      We developed this proposed rule after
                                                  7:45 a.m. until 2 p.m.                                  FR Federal Register                                    considering numerous statutes and
                                                                                                          NPRM Notice of proposed rulemaking                     Executive Orders related to rulemaking.
                                                    Dated: June 20, 2018.                                 § Section                                              Below we summarize our analyses
                                                  J.W. Reed,                                              U.S.C. United States Code                              based on a number of these statutes and
                                                  Captain, U.S. Coast Guard, Captain of the                                                                      Executive Orders and we discuss First
                                                  Port Charleston.                                        II. Background, Purpose, and Legal
                                                                                                          Basis                                                  Amendment rights of protestors.
                                                  [FR Doc. 2018–13679 Filed 6–25–18; 8:45 am]
                                                                                                             On November 29, 2017, USA                           A. Regulatory Planning and Review
                                                  BILLING CODE 9110–04–P
                                                                                                          Triathlon notified the Coast Guard that                   Executive Orders 12866 and 13563
                                                                                                          it will be conducting the USA Triathlon                direct agencies to assess the costs and
                                                  DEPARTMENT OF HOMELAND                                  Age Group National Championships                       benefits of available regulatory
                                                  SECURITY                                                from 10:00 a.m. to 1:30 p.m. on August                 alternatives and, if regulation is
                                                                                                          10, 2018, from 5:00 a.m. to 5:30 p.m. on               necessary, to select regulatory
                                                  Coast Guard                                             August 11, 2018, and from 5:00 a.m. to                 approaches that maximize net benefits.
                                                                                                          12:00 p.m. on August 12, 2018. The                     Executive Order 13771 directs agencies
                                                  33 CFR Part 165                                         swim portion of the multiple triathlon                 to control regulatory costs through a
                                                  [Docket Number USCG–2018–0427]                          events will be held off Edgewater Park                 budgeting process. This NPRM has not
                                                                                                          in Lake Erie, Cleveland, OH. Hazards                   been designated a ‘‘significant
                                                  RIN 1625–AA00                                           from swim events include participants                  regulatory action,’’ under Executive
                                                                                                          swimming in an area that has a high                    Order 12866. Accordingly, the NPRM
                                                  Safety Zone; USA Triathlon Age Group                    amount of recreational traffic and                     has not been reviewed by the Office of
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  National Championships Lake Erie,                       interfering with vessels intending to                  Management and Budget (OMB), and
                                                  Cleveland, OH                                           operate in that location, as well as                   pursuant to OMB guidance it is exempt
                                                  AGENCY:   Coast Guard, DHS.                             swimming within approaches to public                   from the requirements of Executive
                                                  ACTION:   Notice of proposed rulemaking.                and private marinas. The Captain of the                Order 13771.
                                                                                                          Port Buffalo (COTP) has determined that                   This regulatory action determination
                                                  SUMMARY:   The Coast Guard proposes to                  potential hazards associated with the                  is based on the size, location, duration,
                                                  establish a temporary safety zone for                   swim events would be a safety concern                  and time-of-day of the safety zone.
                                                  certain waters of Lake Erie during the                  for anyone intending to participate in                 Moreover, the Coast Guard would issue


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                                                  29722                    Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules

                                                  a Broadcast Notice to Mariners via                      various levels of government. We have                  of Environmental Consideration
                                                  VHF–FM marine channel 16 about the                      analyzed this proposed rule under that                 supporting this determination is
                                                  zone, and the rule would allow vessels                  Order and have determined that it is                   available in the docket where indicated
                                                  to seek permission to enter the zone.                   consistent with the fundamental                        under ADDRESSES. We seek any
                                                                                                          federalism principles and preemption                   comments or information that may lead
                                                  B. Impact on Small Entities
                                                                                                          requirements described in Executive                    to the discovery of a significant
                                                     The Regulatory Flexibility Act of                    Order 13132.                                           environmental impact from this
                                                  1980, 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have              proposed rule.
                                                  requires Federal agencies to consider                   tribal implications under Executive
                                                  the potential impact of regulations on                  Order 13175, Consultation and                          G. Protest Activities
                                                  small entities during rulemaking. The                   Coordination with Indian Tribal                          The Coast Guard respects the First
                                                  term ‘‘small entities’’ comprises small                 Governments, because it would not have                 Amendment rights of protesters.
                                                  businesses, not-for-profit organizations                a substantial direct effect on one or                  Protesters are asked to contact the
                                                  that are independently owned and                        more Indian tribes, on the relationship                person listed in the FOR FURTHER
                                                  operated and are not dominant in their                  between the Federal Government and                     INFORMATION CONTACT section to
                                                  fields, and governmental jurisdictions                  Indian tribes, or on the distribution of               coordinate protest activities so that your
                                                  with populations of less than 50,000.                   power and responsibilities between the                 message can be received without
                                                  The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                  jeopardizing the safety or security of
                                                  605(b) that this proposed rule would not                If you believe this proposed rule has                  people, places, or vessels.
                                                  have a significant economic impact on                   implications for federalism or Indian
                                                  a substantial number of small entities.                 tribes, please contact the person listed               V. Public Participation and Request for
                                                     While some owners or operators of                    in the FOR FURTHER INFORMATION                         Comments
                                                  vessels intending to transit the safety                 CONTACT section.
                                                  zone may be small entities, for the                                                                               We view public participation as
                                                                                                          E. Unfunded Mandates Reform Act                        essential to effective rulemaking, and
                                                  reasons stated in section IV.A above,
                                                  this proposed rule would not have a                        The Unfunded Mandates Reform Act                    will consider all comments and material
                                                  significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                  received during the comment period.
                                                  vessel owner or operator.                               Federal agencies to assess the effects of              Your comment can help shape the
                                                     If you think that your business,                     their discretionary regulatory actions. In             outcome of this rulemaking. If you
                                                  organization, or governmental                           particular, the Act addresses actions                  submit a comment, please include the
                                                  jurisdiction qualifies as a small entity                that may result in the expenditure by a                docket number for this rulemaking,
                                                  and that this rule would have a                         State, local, or tribal government, in the             indicate the specific section of this
                                                  significant economic impact on it,                      aggregate, or by the private sector of                 document to which each comment
                                                  please submit a comment (see                            $100,000,000 (adjusted for inflation) or               applies, and provide a reason for each
                                                  ADDRESSES) explaining why you think it                  more in any one year. Though this                      suggestion or recommendation.
                                                  qualifies and how and to what degree                    proposed rule would not result in such                    We encourage you to submit
                                                  this rule would economically affect it.                 an expenditure, we do discuss the                      comments through the Federal
                                                     Under section 213(a) of the Small                    effects of this rule elsewhere in this                 eRulemaking Portal at http://
                                                  Business Regulatory Enforcement                         preamble.                                              www.regulations.gov. If your material
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 F. Environment                                         cannot be submitted using http://
                                                  we want to assist small entities in                                                                            www.regulations.gov, contact the person
                                                  understanding this proposed rule. If the                  We have analyzed this proposed rule                  in the FOR FURTHER INFORMATION
                                                  rule would affect your small business,                  under Department of Homeland                           CONTACT section of this document for
                                                  organization, or governmental                           Security Management Directive 023–01                   alternate instructions.
                                                  jurisdiction and you have questions                     and Commandant Instruction
                                                                                                          M16475.1D, which guide the Coast                          We accept anonymous comments. All
                                                  concerning its provisions or options for                                                                       comments received will be posted
                                                  compliance, please contact the person                   Guard in complying with the National
                                                                                                          Environmental Policy Act of 1969 (42                   without change to http://
                                                  listed in the FOR FURTHER INFORMATION                                                                          www.regulations.gov and will include
                                                  CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a
                                                                                                          preliminary determination that this                    any personal information you have
                                                  not retaliate against small entities that                                                                      provided. For more about privacy and
                                                  question or complain about this                         action is one of a category of actions that
                                                                                                          do not individually or cumulatively                    the docket, visit http://
                                                  proposed rule or any policy or action of                                                                       www.regulations.gov/privacyNotice.
                                                  the Coast Guard.                                        have a significant effect on the human
                                                                                                          environment. This proposed rule                           Documents mentioned in this NPRM
                                                  C. Collection of Information                            involve a safety zone lasting three days               as being available in the docket, and all
                                                    This proposed rule would not call for                 that would prohibit entry within all                   public comments, will be in our online
                                                  a new collection of information under                   waters of Lake Erie, off of Edgewater                  docket at http://www.regulations.gov
                                                  the Paperwork Reduction Act of 1995                     Park, Cleveland, OH, inside an area                    and can be viewed by following that
                                                  (44 U.S.C. 3501–3520).                                  starting on shore at position 41°29′16″                website’s instructions. Additionally, if
                                                                                                          N, 081°44′49″ W then Northwest to                      you go to the online docket and sign up
                                                  D. Federalism and Indian Tribal                         41°29′34″ N, 081°45′02″ W then                         for email alerts, you will be notified
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Governments                                             Northeast to 41°29′43″ N, 081°44′31″ W,                when comments are posted or a final
                                                     A rule has implications for federalism               then Southeast back to shore at position               rule is published.
                                                  under Executive Order 13132,                            41°29′28″ N, 081°44′22″ (NAD 83).                      List of Subjects in 33 CFR Part 165
                                                  Federalism, if it has a substantial direct              Normally such actions are categorically
                                                  effect on the States, on the relationship               excluded from further review under                       Harbors, Marine safety, Navigation
                                                  between the national government and                     paragraph L60(a) of Appendix A, Table                  (water), Reporting and recordkeeping
                                                  the States, or on the distribution of                   1 of DHS Instruction Manual 023–01–                    requirements, Security measures,
                                                  power and responsibilities among the                    001–01, Rev.01. A preliminary Record                   Waterways.


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                                                                           Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Proposed Rules                                              29723

                                                    For the reasons discussed in the                      ENVIRONMENTAL PROTECTION                               Broadway, 25th Floor, New York, New
                                                  preamble, the Coast Guard proposes to                   AGENCY                                                 York 10007–1866, (212) 637–3381, or by
                                                  amend 33 CFR part 165 as follows:                                                                              email at wieber.kirk@epa.gov.
                                                                                                          40 CFR Part 52
                                                  PART 165—REGULATED NAVIGATION                                                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          [EPA–R02–OAR–2016–0414; FRL–9979–
                                                  AREAS AND LIMITED ACCESS AREAS                                                                                 Table of Contents
                                                                                                          91—Region 2]
                                                  ■ 1. The authority citation for part 165                                                                       I. Background
                                                                                                          Approval of Air Quality Implementation                 II. EPA’s Evaluation of New York’s Submittal
                                                  continues to read as follows:                           Plans; New York; Subpart 225–1, Fuel                   III. Updating 40 CFR 52.1675 Control
                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Composition and Use—Sulfur                                   Strategy and Regulations: Sulfur Oxides
                                                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Limitations                                            IV. Proposed Action
                                                  Department of Homeland Security Delegation                                                                     V. Incorporation by Reference
                                                  No. 0170.1.                                             AGENCY:  Environmental Protection                      VI. Statutory and Executive Order Reviews
                                                                                                          Agency.
                                                  ■ 2. Add § 165.T09–0427 to read as                                                                             I. Background
                                                                                                          ACTION: Proposed rule.
                                                  follows:
                                                                                                                                                                    The Environmental Protection Agency
                                                  § 165.T09–0427 Safety Zone; USA                         SUMMARY:    The Environmental Protection               (EPA) proposes to approve New York’s
                                                  Triathlon Age Group National                            Agency is proposing to approve a                       State Implementation Plan (SIP)
                                                  Championships; Lake Erie, Cleveland, OH.                revision to the New York State                         submittal consisting of revisions to Title
                                                    (a) Location. The safety zone will                    Implementation Plan concerning sulfur-                 6 of the New York Codes, Rules and
                                                  encompass all waters of Lake Erie, off of               in-fuel limits. The intended effect of this            Regulations (6 NYCRR) Section 200.1,
                                                  Edgewater Park, Cleveland OH, inside                    revision is to add a regulatory                        ‘‘Definitions,’’ which adds a definition
                                                  an area starting on shore at position                   mechanism for meeting the existing                     for waste oil. EPA proposes to approve,
                                                  41°29′16″ N, 081°44′49″ W then                          obligations related to regional haze. The              with limitations, Subpart 225–1, ‘‘Fuel
                                                  Northwest to 41°29′34″ N, 081°45′02″ W                  SIP revision consists of amendments to                 Composition and Use—Sulfur
                                                  then Northeast to 41°29′43″ N,                          Title 6 of the New York Codes, Rules                   Limitations,’’ as contributing to
                                                  081°44′31″ W, and Southeast back to                     and Regulations Subpart 225–1, ‘‘Fuel                  attainment of the National Ambient Air
                                                  shore at position 41°29′28″ N,                          Composition and Use—Sulfur                             Quality Standards (NAAQS) for
                                                  081°44′22″ (NAD 83).                                    Limitations’’ and Section 200.1,                       particulate matter less than or equal to
                                                                                                          ‘‘Definitions’’ and, also removes an                   2.5 microns in diameter (PM 2.5) and the
                                                    (b) Enforcement Period. This rule will
                                                                                                          obsolete provision from the Code of                    NAAQS for sulfur dioxide (SO2), and
                                                  be enforced from 10:00 a.m. to 1:30 p.m.
                                                                                                          Federal Regulations related to facility                establishing a revised regulatory
                                                  on August 10, 2018 from 5:00 a.m. to
                                                                                                          specific sulfur-in-fuel limits.                        mechanism for New York’s regional
                                                  5:30 p.m. on August 11, 2018 and from
                                                  5:00 a.m. to 12:00 p.m. on August 12,                   DATES: Comments must be received on                    haze SIP. The EPA’s proposed approval
                                                  2018.                                                   or before July 26, 2018.                               of New York’s sulfur-in-fuel regulation
                                                    (c) Regulations. (1) In accordance with               ADDRESSES: Submit your comments,                       into the SIP does not alter the EPA’s
                                                  the general regulations in § 165.23 of                  identified by Docket ID number EPA–                    prior action on New York’s Regional
                                                  this part, entry into, transiting, or                   R02–OAR–2016–0414, at http://                          Haze SIP, which includes emission
                                                  anchoring within this safety zone is                    www.regulations.gov. Follow the online                 reductions related to the sulfur-in-fuel
                                                  prohibited unless authorized by the                     instructions for submitting comments.                  requirements of section 19–0325 of the
                                                  Captain of the Port Buffalo or his                      Once submitted, comments cannot be                     Environmental Conservation Law (ECL).
                                                  designated on-scene representative.                     edited or withdrawn. The EPA may                       77 FR 51915 (Aug. 28, 2012). The EPA
                                                    (2) This safety zone is closed to all                 publish any comment received to its                    is proposing to approve these revisions,
                                                  vessel traffic, except as may be                        public docket. Do not submit                           requested by New York, as
                                                  permitted by the Captain of the Port                    electronically any information you                     strengthening the effectiveness of New
                                                  Buffalo or his designated on-scene                      consider to be Confidential Business                   York’s SIP.
                                                  representative.                                         Information (CBI) or other information                    Pursuant to 40 CFR part 51, the EPA
                                                                                                          whose disclosure is restricted by statute.             also is proposing to remove a section
                                                    (3) The ‘‘on-scene representative’’ of
                                                                                                          Multimedia submissions (audio, video,                  from 40 CFR 52.1675 which lists sulfur
                                                  the Captain of the Port Buffalo is any
                                                                                                          etc.) must be accompanied by a written                 limitations for various facilities in New
                                                  Coast Guard commissioned, warrant or
                                                                                                          comment. The written comment is                        York. EPA has determined that these
                                                  petty officer who has been designated
                                                                                                          considered the official comment and                    limitations have expired and/or refer to
                                                  by the Captain of the Port Buffalo to act
                                                                                                          should include discussion of all points                sources which have been shut down.
                                                  on his behalf.
                                                                                                          you wish to make. The EPA will                         That determination was reflected in
                                                    (4) Vessel operators desiring to enter                generally not consider comments or
                                                  or operate within the safety zone must                                                                         EPA’s reformatting exercise that ensured
                                                                                                          comment contents located outside of the                that all revisions to the New York State
                                                  contact the Captain of the Port Buffalo                 primary submission (i.e., on the web,
                                                  or his on-scene representative to obtain                                                                       SIPs are accurately reflected in 40 CFR
                                                                                                          cloud, or other file sharing system). For              part 52, including 40 CFR 52.1670(d),
                                                  permission to do so. The Captain of the                 additional submission methods i.e., the
                                                  Port Buffalo or his on-scene                                                                                   ‘‘EPA approved State source-specific
                                                                                                          full EPA public comment policy,                        requirements.’’ 76 FR 41705 (July 15,
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  representative may be contacted via                     information about CBI or multimedia
                                                  VHF Channel 16.                                                                                                2011). In addition, the sulfur-in-fuel
                                                                                                          submissions, and general guidance on                   rule proposed for approval here requires
                                                    Dated: June 20, 2018.                                 making effective comments, please visit                the use of lower sulfur fuel, with lower
                                                  Joseph S. Dufresne,                                     http://www2.epa.gov/dockets/                           sulfur concentrations than the limits
                                                  Captain, U.S. Coast Guard, Captain of the               commenting-epa-dockets.                                listed in 40 CFR 52.1675. The EPA is
                                                  Port Buffalo.                                           FOR FURTHER INFORMATION CONTACT: Kirk                  therefore removing the existing sulfur
                                                  [FR Doc. 2018–13665 Filed 6–25–18; 8:45 am]             J. Wieber, Air Programs Branch,                        limitations in 40 CFR 52.1675 as they
                                                  BILLING CODE 9110–04–P                                  Environmental Protection Agency, 290                   are superfluous and obsolete.


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Document Created: 2018-06-26 00:51:23
Document Modified: 2018-06-26 00:51:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before July 26, 2018.
ContactIf you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected]
FR Citation83 FR 29721 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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