83_FR_30170 83 FR 30046 - Safety Zone; Boaters Against Cancer Fireworks Display; Lake Ontario, Kendall, NY

83 FR 30046 - Safety Zone; Boaters Against Cancer Fireworks Display; Lake Ontario, Kendall, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range30046-30048
FR Document2018-13735

The Coast Guard is establishing a temporary safety zone for navigable waters within a 210-foot radius of the launch site located at Bald Eagle Marina, Kendall, NY. This safety zone is intended to restrict vessels from portions of the Lake Ontario during Boaters Against Cancer fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018)
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30046-30048]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13735]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0617]
RIN 1625-AA00


Safety Zone; Boaters Against Cancer Fireworks Display; Lake 
Ontario, Kendall, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 210-foot radius of the launch site located at 
Bald Eagle Marina, Kendall, NY. This safety zone is intended to 
restrict vessels from portions of the Lake Ontario during Boaters 
Against Cancer fireworks display. This temporary safety zone is 
necessary to protect mariners and vessels from the navigational hazards 
associated with a fireworks display. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port Buffalo.

DATES: This rule is effective from 9:45 p.m. until 10:35 p.m. on June 
30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0617 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Michael Collet, Chief Waterways Management Division, 
U.S. Coast Guard; telephone 716-843-9322, email [email protected].

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 finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the event sponsor did not submit 
notice to the Coast Guard with sufficient time remaining before the 
event to publish an NPRM. 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 vicinity of the 
fireworks display.
    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 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 June 30, 2018, from 9:45 
p.m. until 10:35 p.m. The safety zone will encompass all waters of Lake 
Ontario; Kendall, NY contained within 210-foot radius of: 
43[deg]22'02.04'' N, 078[deg]01'48.06'' W.

[[Page 30047]]

    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

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:

[[Page 30048]]

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.T09-0617 to read as follows:


Sec.  165.T09-0617   Safety Zone; Boaters Against Cancer Fireworks 
Display; Lake Ontario, Kendall, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Ontario; Kendall, NY contained within a 210-foot radius of: 
43[deg]22'02.04'' N, 078[deg]01'48.06'' W.
    (b) Enforcement period. This regulation will be enforced from 9:45 
p.m. until 10:35 p.m. on June 30, 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. 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. 2018-13735 Filed 6-26-18; 8:45 am]
 BILLING CODE 9110-04-P



                                              30046            Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations

                                              supporting this determination is                        permission to do so. The Captain of the                I. Table of Abbreviations
                                              available in the docket where indicated                 Port Buffalo or his on-scene                           CFR Code of Federal Regulations
                                              under ADDRESSES.                                        representative may be contacted via                    DHS Department of Homeland Security
                                                                                                      VHF Channel 16. Vessel operators given                 FR Federal Register
                                              G. Protest Activities
                                                                                                      permission to enter or operate in the                  NPRM Notice of proposed rulemaking
                                                The Coast Guard respects the First                    safety zone must comply with all                       § Section
                                              Amendment rights of protesters.                         directions given to them by the Captain                U.S.C. United States Code
                                              Protesters are asked to contact the                     of the Port Buffalo, or his on-scene                   II. Background Information and
                                              person listed in the FOR FURTHER                        representative.                                        Regulatory History
                                              INFORMATION CONTACT section to
                                                                                                        Dated: June 21, 2018.                                   The Coast Guard is issuing this
                                              coordinate protest activities so that your
                                                                                                      Joseph S. Dufresne,                                    temporary rule without prior notice and
                                              message can be received without
                                              jeopardizing the safety or security of                  Captain, U.S. Coast Guard, Captain of the              opportunity to comment pursuant to
                                                                                                      Port Buffalo.                                          authority under section 4(a) of the
                                              people, places or vessels.
                                                                                                      [FR Doc. 2018–13743 Filed 6–26–18; 8:45 am]            Administrative Procedure Act (APA) (5
                                              List of Subjects in 33 CFR Part 165                     BILLING CODE 9110–04–P                                 U.S.C. 553(b)). This provision
                                                Harbors, Marine safety, Navigation                                                                           authorizes an agency to issue a rule
                                              (water), Reporting and recordkeeping                                                                           without prior notice and opportunity to
                                              requirements, Security measures,                        DEPARTMENT OF HOMELAND                                 comment when the agency for good
                                              Waterways.                                              SECURITY                                               cause finds that those procedures are
                                                For the reasons discussed in the                                                                             ‘‘impracticable, unnecessary, or contrary
                                                                                                      Coast Guard                                            to the public interest.’’ Under 5 U.S.C.
                                              preamble, the Coast Guard amends 33
                                              CFR part 165 as follows:                                                                                       553(b)(B), the Coast Guard finds that
                                                                                                      33 CFR Part 165                                        good cause exists for not publishing a
                                              PART 165—REGULATED NAVIGATION                           [Docket Number USCG–2018–0617]                         notice of proposed rulemaking (NPRM)
                                              AREAS AND LIMITED ACCESS AREAS                                                                                 with respect to this rule because the
                                                                                                      RIN 1625–AA00
                                                                                                                                                             event sponsor did not submit notice to
                                              ■ 1. The authority citation for part 165                                                                       the Coast Guard with sufficient time
                                                                                                      Safety Zone; Boaters Against Cancer
                                              continues to read as follows:                                                                                  remaining before the event to publish an
                                                                                                      Fireworks Display; Lake Ontario,
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Kendall, NY                                            NPRM. Delaying the effective date
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      would be contrary to the rule’s
                                              Department of Homeland Security Delegation              AGENCY:    Coast Guard, DHS.                           objectives of ensuring safety of life on
                                              No. 0170.1.                                             ACTION:   Temporary final rule.                        the navigable waters and protection of
                                              ■ 2. Add § 165.T09–0595 to read as                                                                             persons and vessels in vicinity of the
                                                                                                      SUMMARY:   The Coast Guard is                          fireworks display.
                                              follows:                                                establishing a temporary safety zone for                  Under 5 U.S.C. 553(d)(3), the Coast
                                              § 165.T09–0595 Safety Zone; Town of                     navigable waters within a 210-foot                     Guard finds that good cause exists for
                                              Hamburg July 3rd Party, Lake Erie, Blasdell,            radius of the launch site located at Bald              making this rule effective less than 30
                                              NY.                                                     Eagle Marina, Kendall, NY. This safety                 days after publication in the Federal
                                                (a) Location. The safety zone will                    zone is intended to restrict vessels from              Register. Delaying the effective date
                                              encompass all waters of the Woodlawn                    portions of the Lake Ontario during                    would be contrary to the rule’s
                                              Beach; Lake Erie, Blasdell, NY                          Boaters Against Cancer fireworks                       objectives of ensuring safety of life on
                                              contained within a 420-foot radius of:                  display. This temporary safety zone is                 the navigable waters and protection of
                                              42°47′27.34″ N, 078°51′19.67″ W.                        necessary to protect mariners and                      persons and vessels in vicinity of the
                                                (b) Enforcement period. This                          vessels from the navigational hazards                  fireworks display.
                                              regulation will be enforced from 9:45                   associated with a fireworks display.
                                              p.m. until 10:45 p.m. on July 3, 2018.                  Entry of vessels or persons into this                  III. Legal Authority and Need for Rule
                                                (c) Regulations. (1) In accordance with               zone is prohibited unless specifically                    The Coast Guard is issuing this rule
                                              the general regulations in § 165.23 of                  authorized by the Captain of the Port                  under authority in 33 U.S.C. 1231. The
                                              this part, entry into, transiting, or                   Buffalo.                                               Captain of the Port Buffalo (COTP) has
                                              anchoring within this safety zone is                    DATES: This rule is effective from 9:45                determined that a fireworks display
                                              prohibited unless authorized by the                     p.m. until 10:35 p.m. on June 30, 2018.                presents significant risks to the public
                                              Captain of the Port Buffalo or his                      ADDRESSES: To view documents                           safety and property. Such hazards
                                              designated on-scene representative.                     mentioned in this preamble as being                    include premature and accidental
                                                (2) This safety zone is closed to all                                                                        detonations, dangerous projectiles, and
                                                                                                      available in the docket, go to http://
                                              vessel traffic, except as may be                                                                               falling or burning debris. This rule is
                                                                                                      www.regulations.gov, type USCG–2018–
                                              permitted by the Captain of the Port                                                                           needed to protect personnel, vessels,
                                                                                                      0617 in the ‘‘SEARCH’’ box and click
                                              Buffalo or his designated on-scene                                                                             and the marine environment in the
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket
                                              representative.                                                                                                navigable waters within the safety zone
                                                                                                      Folder on the line associated with this
                                                (3) The ‘‘on-scene representative’’ of                                                                       while the fireworks display takes place.
                                                                                                      rule.
                                              the Captain of the Port Buffalo is any
                                              Coast Guard commissioned, warrant or                    FOR FURTHER INFORMATION CONTACT: If                    IV. Discussion of the Rule
                                                                                                      you have questions on this rule, call or
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                                              petty officer who has been designated                                                                            This rule establishes a safety zone on
                                              by the Captain of the Port Buffalo to act               email LT Michael Collet, Chief                         June 30, 2018, from 9:45 p.m. until
                                              on his behalf.                                          Waterways Management Division, U.S.                    10:35 p.m. The safety zone will
                                                (4) Vessel operators desiring to enter                Coast Guard; telephone 716–843–9322,                   encompass all waters of Lake Ontario;
                                              or operate within the safety zone must                  email D09-SMB-SECBuffalo-WWM@                          Kendall, NY contained within 210-foot
                                              contact the Captain of the Port Buffalo                 uscg.mil.                                              radius of: 43°22′02.04″ N, 078°01′48.06″
                                              or his on-scene representative to obtain                SUPPLEMENTARY INFORMATION:                             W.


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                                                               Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations                                          30047

                                                Entry into, transiting, or anchoring                  The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                              within the safety zone is prohibited                    605(b) that this rule will not have a                  Federal Government and Indian tribes,
                                              unless authorized by the Captain of the                 significant economic impact on a                       or on the distribution of power and
                                              Port Buffalo or his designated on-scene                 substantial number of small entities.                  responsibilities between the Federal
                                              representative. The Captain of the Port                    While some owners or operators of                   Government and Indian tribes. If you
                                              or his designated on-scene                              vessels intending to transit the safety                believe this rule has implications for
                                              representative may be contacted via                     zone may be small entities, for the                    federalism or Indian tribes, please
                                              VHF Channel 16.                                         reasons stated in section V.A above, this              contact the person listed in the FOR
                                                                                                      rule will not have a significant                       FURTHER INFORMATION CONTACT section
                                              V. Regulatory Analyses                                  economic impact on any vessel owner                    above.
                                                We developed this rule after                          or operator.
                                              considering numerous statutes and                          Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                              Executive orders related to rulemaking.                 Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
                                              Below we summarize our analyses                         Fairness Act of 1996 (Pub. L. 104–121),                of 1995 (2 U.S.C. 1531–1538) requires
                                              based on a number of these statutes and                 we want to assist small entities in                    Federal agencies to assess the effects of
                                              Executive orders, and we discuss First                  understanding this rule. If the rule                   their discretionary regulatory actions. In
                                              Amendment rights of protestors.                         would affect your small business,                      particular, the Act addresses actions
                                              A. Regulatory Planning and Review                       organization, or governmental                          that may result in the expenditure by a
                                                                                                      jurisdiction and you have questions                    State, local, or tribal government, in the
                                                 Executive Orders 12866 and 13563                     concerning its provisions or options for               aggregate, or by the private sector of
                                              direct agencies to assess the costs and                 compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                              benefits of available regulatory                        listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                              alternatives and, if regulation is                      CONTACT section.                                       will not result in such an expenditure,
                                              necessary, to select regulatory                            Small businesses may send comments                  we do discuss the effects of this rule
                                              approaches that maximize net benefits.                  on the actions of Federal employees                    elsewhere in this preamble.
                                              Executive Order 13771 directs agencies                  who enforce, or otherwise determine
                                              to control regulatory costs through a                   compliance with, Federal regulations to                F. Environment
                                              budgeting process. This rule has not                    the Small Business and Agriculture                       We have analyzed this rule under
                                              been designated a ‘‘significant                         Regulatory Enforcement Ombudsman                       Department of Homeland Security
                                              regulatory action,’’ under Executive                    and the Regional Small Business                        Directive 023–01 and Commandant
                                              Order 12866. Accordingly, this rule has                 Regulatory Fairness Boards. The                        Instruction M16475.1D, which guide the
                                              not been reviewed by the Office of                      Ombudsman evaluates these actions                      Coast Guard in complying with the
                                              Management and Budget (OMB), and                        annually and rates each agency’s                       National Environmental Policy Act of
                                              pursuant to OMB guidance it is exempt                   responsiveness to small business. If you               1969 (42 U.S.C. 4321–4370f), and have
                                              from the requirements of Executive                      wish to comment on actions by                          determined that this action is one of a
                                              Order 13771.                                            employees of the Coast Guard, call 1–
                                                 This regulatory action determination                                                                        category of actions that do not
                                                                                                      888–REG–FAIR (1–888–734–3247). The                     individually or cumulatively have a
                                              is based on the conclusion that this rule               Coast Guard will not retaliate against
                                              is not a significant regulatory action. We                                                                     significant effect on the human
                                                                                                      small entities that question or complain               environment. This rule establishes a
                                              anticipate that it will have minimal                    about this rule or any policy or action
                                              impact on the economy, will not                                                                                temporary safety zone. It is categorically
                                                                                                      of the Coast Guard.                                    excluded from further review under
                                              interfere with other agencies, will not
                                              adversely alter the budget of any grant                 C. Collection of Information                           paragraph L60(a) of Appendix A, Table
                                              or loan recipients, and will not raise any                                                                     1 of DHS Instruction Manual 023–01–
                                                                                                        This rule will not call for a new
                                              novel legal or policy issues. The safety                                                                       001–01, Rev. 01. A Record of
                                                                                                      collection of information under the
                                              zone created by this rule will be                                                                              Environmental Consideration
                                                                                                      Paperwork Reduction Act of 1995 (44
                                              relatively small and enforced for a                                                                            supporting this determination is
                                                                                                      U.S.C. 3501–3520).
                                              relatively short time. Also, the safety                                                                        available in the docket where indicated
                                              zone has been designed to allow vessels                 D. Federalism and Indian Tribal                        under ADDRESSES.
                                              to transit around it. Thus, restrictions on             Governments
                                                                                                                                                             G. Protest Activities
                                              vessel movement within that particular                     A rule has implications for federalism
                                                                                                      under Executive Order 13132,                             The Coast Guard respects the First
                                              area are expected to be minimal. Under
                                                                                                      Federalism, if it has a substantial direct             Amendment rights of protesters.
                                              certain conditions, moreover, vessels
                                                                                                      effect on the States, on the relationship              Protesters are asked to contact the
                                              may still transit through the safety zone
                                                                                                      between the national government and                    person listed in the FOR FURTHER
                                              when permitted by the Captain of the
                                                                                                      the States, or on the distribution of                  INFORMATION CONTACT section to
                                              Port.
                                                                                                      power and responsibilities among the                   coordinate protest activities so that your
                                              B. Impact on Small Entities                             various levels of government. We have                  message can be received without
                                                 The Regulatory Flexibility Act of                    analyzed this rule under that Order and                jeopardizing the safety or security of
                                              1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                  people, places or vessels.
                                              requires Federal agencies to consider                   with the fundamental federalism                        List of Subjects in 33 CFR Part 165
                                              the potential impact of regulations on                  principles and preemption requirements
                                                                                                                                                               Harbors, Marine safety, Navigation
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                                              small entities during rulemaking. The                   described in Executive Order 13132.
                                              term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal                (water), Reporting and recordkeeping
                                              businesses, not-for-profit organizations                implications under Executive Order                     requirements, Security measures,
                                              that are independently owned and                        13175, Consultation and Coordination                   Waterways.
                                              operated and are not dominant in their                  with Indian Tribal Governments,                          For the reasons discussed in the
                                              fields, and governmental jurisdictions                  because it does not have a substantial                 preamble, the Coast Guard amends 33
                                              with populations of less than 50,000.                   direct effect on one or more Indian                    CFR part 165 as follows:


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                                              30048            Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations

                                              PART 165—REGULATED NAVIGATION                           ENVIRONMENTAL PROTECTION                               adequate provisions to prohibit
                                              AREAS AND LIMITED ACCESS AREAS                          AGENCY                                                 emissions that will contribute
                                                                                                                                                             significantly to nonattainment or
                                              ■ 1. The authority citation for part 165                40 CFR Part 52                                         interfere with maintenance of the 2012
                                              continues to read as follows:                           [EPA–R10–OAR–2017–0745; FRL–9980–00–                   PM2.5 NAAQS in any other state (83 FR
                                                                                                      Region 10]                                             19191). An explanation of the Clean Air
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    Act requirements, a detailed analysis of
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      the submission, and the EPA’s reasons
                                                                                                      Air Plan Approval; Alaska; Interstate
                                              Department of Homeland Security Delegation                                                                     for proposing approval were provided in
                                                                                                      Transport Requirements for the 2012
                                              No. 0170.1.                                                                                                    the notice of proposed rulemaking, and
                                                                                                      PM2.5 NAAQS
                                              ■ 2. Add § 165.T09–0617 to read as                                                                             will not be restated here. The public
                                                                                                      AGENCY:  Environmental Protection                      comment period for the proposal ended
                                              follows:                                                Agency (EPA).                                          June 1, 2018. We received no adverse
                                              § 165.T09–0617 Safety Zone; Boaters                     ACTION: Final rule.                                    comments.1
                                              Against Cancer Fireworks Display; Lake
                                              Ontario, Kendall, NY.                                   SUMMARY:   The Clean Air Act requires                  II. Final Action
                                                                                                      each State Implementation Plan (SIP) to                  The EPA is approving Alaska’s March
                                                (a) Location. The safety zone will                    contain adequate provisions prohibiting                10, 2016, submission certifying that the
                                              encompass all waters of Lake Ontario;                   emissions that will have certain adverse               current Alaska SIP is sufficient to meet
                                              Kendall, NY contained within a 210-foot                 air quality effects in other states. On                the interstate transport requirements of
                                              radius of: 43°22′02.04″ N, 078°01′48.06″                March 10, 2016, the State of Alaska                    Clean Air Act section 110(a)(2)(D)(i)(I)
                                              W.                                                      made a submission to the                               for the 2012 PM2.5 NAAQS, as described
                                                (b) Enforcement period. This                          Environmental Protection Agency (EPA)                  in the proposal for this action.
                                              regulation will be enforced from 9:45                   to address these requirements. The EPA
                                                                                                      is approving the submission as meeting                 III. Statutory and Executive Order
                                              p.m. until 10:35 p.m. on June 30, 2018.                                                                        Reviews
                                                                                                      the requirement that each SIP contain
                                                (c) Regulations. (1) In accordance with               adequate provisions to prohibit                          Under the Clean Air Act, the
                                              the general regulations in § 165.23 of                  emissions that will contribute                         Administrator is required to approve a
                                              this part, entry into, transiting, or                   significantly to nonattainment or                      SIP submission that complies with the
                                              anchoring within this safety zone is                    interfere with maintenance of the 2012                 provisions of the Clean Air Act and
                                              prohibited unless authorized by the                     annual fine particulate matter (PM2.5)                 applicable federal regulations. 42 U.S.C.
                                              Captain of the Port Buffalo or his                      National Ambient Air Quality Standard                  7410(k); 40 CFR 52.02(a). Thus, in
                                              designated on-scene representative.                     (NAAQS).                                               reviewing SIP submissions, the EPA’s
                                                (2) This safety zone is closed to all                 DATES: This final rule is effective July               role is to approve state choices,
                                              vessel traffic, except as may be                        27, 2018.                                              provided that they meet the criteria of
                                              permitted by the Captain of the Port                    ADDRESSES: The EPA has established a                   the Clean Air Act. Accordingly, this
                                              Buffalo or his designated on-scene                      docket for this action under Docket ID                 action merely approves state law as
                                              representative.                                         No. EPA–R10–OAR–2017–0745. All                         meeting federal requirements and does
                                                                                                      documents in the docket are listed on                  not impose additional requirements
                                                (3) The ‘‘on-scene representative’’ of                                                                       beyond those imposed by state law. For
                                              the Captain of the Port Buffalo is any                  the https://www.regulations.gov
                                                                                                      website. Although listed in the index,                 that reason, this action:
                                              Coast Guard commissioned, warrant or                                                                             • Is not a ‘‘significant regulatory
                                                                                                      some information is not publicly
                                              petty officer who has been designated                                                                          action’’ subject to review by the Office
                                                                                                      available, e.g., CBI or other information
                                              by the Captain of the Port Buffalo to act               whose disclosure is restricted by statute.             of Management and Budget under
                                              on his behalf.                                          Certain other material, such as                        Executive Orders 12866 (58 FR 51735,
                                                (4) Vessel operators desiring to enter                copyrighted material, is not placed on                 October 4, 1993) and 13563 (76 FR 3821,
                                              or operate within the safety zone must                  the internet and will be publicly                      January 21, 2011);
                                              contact the Captain of the Port Buffalo                 available only in hard copy form.                        • is not an Executive Order 13771 (82
                                              or his on-scene representative to obtain                Publicly available docket materials are                FR 9339, February 2, 2017) regulatory
                                              permission to do so. The Captain of the                 available through https://                             action because actions such as SIP
                                              Port Buffalo or his on-scene                            www.regulations.gov, or please contact                 approvals are exempted under
                                                                                                      the person identified in the ‘‘For Further             Executive Order 12866;
                                              representative may be contacted via
                                                                                                      Information Contact’’ section for                        • does not impose an information
                                              VHF Channel 16. Vessel operators given
                                                                                                      additional availability information.                   collection burden under the provisions
                                              permission to enter or operate in the                                                                          of the Paperwork Reduction Act (44
                                              safety zone must comply with all                        FOR FURTHER INFORMATION CONTACT: Jeff
                                                                                                                                                             U.S.C. 3501 et seq.);
                                              directions given to them by the Captain                 Hunt at (206) 553–0256, or hunt.jeff@                    • is certified as not having a
                                              of the Port Buffalo, or his on-scene                    epa.gov.                                               significant economic impact on a
                                              representative.                                         SUPPLEMENTARY INFORMATION:                             substantial number of small entities
                                                Dated: June 20, 2018.                                                                                        under the Regulatory Flexibility Act (5
                                                                                                      Table of Contents
                                              Joseph S. Dufresne,                                                                                            U.S.C. 601 et seq.);
                                                                                                      I. Background Information
nshattuck on DSK9F9SC42PROD with RULES




                                              Captain, U.S. Coast Guard, Captain of the               II. Final Action                                         1 We received two comments in support of our
                                              Port Buffalo.                                           III. Statutory and Executive Order Reviews             proposed approval. The first was submitted by the
                                              [FR Doc. 2018–13735 Filed 6–26–18; 8:45 am]                                                                    Alaska Department of Environmental Conservation.
                                                                                                      I. Background Information                              The second was submitted anonymously. The
                                              BILLING CODE 9110–04–P
                                                                                                                                                             anonymous commenter suggested additional areas
                                                                                                        On May 2, 2018, the EPA proposed to                  for EPA research, primarily regarding PM2.5 impacts
                                                                                                      approve Alaska’s submission as meeting                 on environmental justice communities, but was
                                                                                                      the requirement that each SIP contain                  overall supportive of our proposed approval.



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Document Created: 2018-11-06 09:53:04
Document Modified: 2018-11-06 09:53:04
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. until 10:35 p.m. on June 30, 2018.
ContactIf you have questions on this rule, call or email LT Michael Collet, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo- [email protected]
FR Citation83 FR 30046 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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