83_FR_32023 83 FR 31891 - Safety Zone; Hamburg Beach Blast Fireworks Display; Lake Erie, Hamburg, NY

83 FR 31891 - Safety Zone; Hamburg Beach Blast Fireworks Display; Lake Erie, Hamburg, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 132 (July 10, 2018)

Page Range31891-31893
FR Document2018-14740

The Coast Guard is establishing a temporary safety zone for navigable waters within a 280-foot radius of the launch site located at Hamburg Beach, Hamburg, NY. This safety zone is intended to restrict vessels from portions of Lake Erie during the Hamburg Beach Blast 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 132 (Tuesday, July 10, 2018)
[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31891-31893]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14740]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0630]
RIN 1625-AA00


Safety Zone; Hamburg Beach Blast Fireworks Display; Lake Erie, 
Hamburg, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 280-foot radius of the launch site located at 
Hamburg Beach, Hamburg, NY. This safety zone is intended to restrict 
vessels from portions of Lake Erie

[[Page 31892]]

during the Hamburg Beach Blast 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 10:45 p.m. on July 
28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0630 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 LCDR Michael Collet, Chief Waterways Management Division, 
U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo-WWM@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause 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 of this rule to 
wait for a comment period to run would be impracticable and contrary to 
the public interest by inhibiting the Coast Guard's ability to protect 
spectators and vessels form the hazards associated with a 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 because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the rule's objectives of enhancing 
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 July 28, 2018, from 9:45 
p.m. until 10:45 p.m. The safety zone will encompass all waters of Lake 
Erie; Hamburg, NY contained within 280-foot radius of: 
42[deg]45'59.21'' N, 078[deg]52'41.51'' W.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

B. Impact on Small Entities

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

[[Page 31893]]

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:

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.T09-0630 to read as follows:


Sec.  165.T09-0630   Safety Zone; Hamburg Beach Blast Fireworks 
Display; Lake Erie, Hamburg, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie; Hamburg, NY contained within a 280-foot radius of: 
42[deg]45'59.21'' N, 078[deg]52'41.51'' W.
    (b) Enforcement period. This regulation will be enforced from 9:45 
p.m. until 10:45 p.m. on July 28, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: July 5, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-14740 Filed 7-9-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations                                               31891

                                           the Small Business and Agriculture                       F. Environment                                        of the Port San Francisco (COTP) will
                                           Regulatory Enforcement Ombudsman                           We have analyzed this rule under                    notify the maritime community of
                                           and the Regional Small Business                          Department of Homeland Security                       periods during which these zones will
                                           Regulatory Fairness Boards. The                          Directive 023–01 and Commandant                       be enforced via Broadcast Notice to
                                           Ombudsman evaluates these actions                        Instruction M16475.1D, which guide the                Mariners in accordance with § 165.7.
                                           annually and rates each agency’s                         Coast Guard in complying with the                       (c) Definitions. As used in this
                                           responsiveness to small business. If you                 National Environmental Policy Act of                  section, ‘‘designated representative’’
                                           wish to comment on actions by                            1969 (42 U.S.C. 4321–4370f), and have                 means a Coast Guard Patrol
                                           employees of the Coast Guard, call 1–                    determined that this action is one of a               Commander, including a Coast Guard
                                           888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                       coxswain, petty officer, or other officer
                                           Coast Guard will not retaliate against                   individually or cumulatively have a                   on a Coast Guard vessel or a Federal,
                                           small entities that question or complain                 significant effect on the human                       State, or local officer designated by or
                                           about this rule or any policy or action                  environment. This rule involves safety                assisting the COTP in the enforcement
                                           of the Coast Guard.                                      zone of limited size and duration. It is              of the safety zone.
                                                                                                    categorically excluded from further                     (d) Regulations. (1) Under the general
                                           C. Collection of Information                                                                                   regulations in subpart C of this part,
                                                                                                    review under Categorical Exclusion
                                             This rule will not call for a new                      L60(d) of Appendix A, Table 1 of DHS                  entry into, transiting or anchoring
                                           collection of information under the                      Instruction Manual 023–01–001–01,                     within this safety zone is prohibited
                                           Paperwork Reduction Act of 1995 (44                      Rev. 01. A Record of Environmental                    unless authorized by the COTP or the
                                           U.S.C. 3501–3520).                                       Consideration supporting this                         COTP’s designated representative.
                                                                                                    determination is available in the docket                (2) The safety zone is closed to all
                                           D. Federalism and Indian Tribal                          where indicated under ADDRESSES.                      vessel traffic, except as may be
                                           Governments                                                                                                    permitted by the COTP or a designated
                                                                                                    G. Protest Activities                                 representative.
                                              A rule has implications for federalism                                                                        (3) Vessel operators desiring to enter
                                                                                                      The Coast Guard respects the First
                                           under Executive Order 13132,                                                                                   or operate within the safety zone must
                                                                                                    Amendment rights of protesters.
                                           Federalism, if it has a substantial direct                                                                     contact the COTP or a designated
                                                                                                    Protesters are asked to contact the
                                           effect on the States, on the relationship                                                                      representative to obtain permission to
                                                                                                    person listed in the FOR FURTHER
                                           between the national government and                                                                            do so. Vessel operators given permission
                                                                                                    INFORMATION CONTACT section to
                                           the States, or on the distribution of                                                                          to enter or operate in the safety zone
                                                                                                    coordinate protest activities so that your
                                           power and responsibilities among the                                                                           must comply with all directions given to
                                                                                                    message can be received without
                                           various levels of government. We have                                                                          them by the COTP or a designated
                                                                                                    jeopardizing the safety or security of
                                           analyzed this rule under that Order and                                                                        representative. Persons and vessels may
                                                                                                    people, places or vessels.
                                           have determined that it is consistent                                                                          request permission to enter the safety
                                           with the fundamental federalism                          List of Subjects in 33 CFR Part 165                   zones on VHF–23A or through the 24-
                                           principles and preemption requirements                     Harbors, Marine safety, Navigation                  hour Command Center at telephone
                                           described in Executive Order 13132.                      (water), Reporting and recordkeeping                  (415) 399–3547.
                                              Also, this rule does not have tribal                  requirements, Security measures,                        Dated: July 3, 2018.
                                           implications under Executive Order                       Waterways.                                            Anthony J. Ceraolo,
                                           13175, Consultation and Coordination                       For the reasons discussed in the                    Captain, U.S. Coast Guard, Captain of the
                                           with Indian Tribal Governments,                          preamble, the Coast Guard amends 33                   Port, San Francisco.
                                           because it does not have a substantial                   CFR part 165 as follows:                              [FR Doc. 2018–14739 Filed 7–9–18; 8:45 am]
                                           direct effect on one or more Indian
                                                                                                                                                          BILLING CODE 9110–04–P
                                           tribes, on the relationship between the                  PART 165—REGULATED NAVIGATION
                                           Federal Government and Indian tribes,                    AREAS AND LIMITED ACCESS AREAS
                                           or on the distribution of power and                                                                            DEPARTMENT OF HOMELAND
                                           responsibilities between the Federal                     ■ 1. The authority citation for part 165
                                                                                                    continues to read as follows:                         SECURITY
                                           Government and Indian tribes. If you
                                           believe this rule has implications for                     Authority: 33 U.S.C 1231; 50 U.S.C. 191;            Coast Guard
                                           federalism or Indian tribes, please                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           contact the person listed in the FOR                     Department of Homeland Security Delegation
                                                                                                    No. 0170.1.                                           33 CFR Part 165
                                           FURTHER INFORMATION CONTACT section
                                           above.                                                   ■ 2. Add § 165.T11–936 to read as                     [Docket Number USCG–2018–0630]
                                                                                                    follows:                                              RIN 1625–AA00
                                           E. Unfunded Mandates Reform Act
                                                                                                    § 165.T11–936 Safety Zone; Barge PFE–                 Safety Zone; Hamburg Beach Blast
                                             The Unfunded Mandates Reform Act                       LB444, San Joaquin River, Blackslough
                                           of 1995 (2 U.S.C. 1531–1538) requires                    Landing, CA.
                                                                                                                                                          Fireworks Display; Lake Erie,
                                           Federal agencies to assess the effects of                                                                      Hamburg, NY
                                                                                                      (a) Location. The following area is a
                                           their discretionary regulatory actions. In               safety zone: all navigable waters within              AGENCY:    Coast Guard, DHS.
                                           particular, the Act addresses actions                    90 yards of the unstable, partially                   ACTION:   Temporary final rule.
                                           that may result in the expenditure by a                  submerged barge and associated
                                           State, local, or tribal government, in the               recovery efforts centered in approximate              SUMMARY:   The Coast Guard is
amozie on DSK3GDR082PROD with RULES




                                           aggregate, or by the private sector of                   position 37°59′ 41.88″ N, 121°25′8.88″                establishing a temporary safety zone for
                                           $100,000,000 (adjusted for inflation) or                 W (NAD 83).                                           navigable waters within a 280-foot
                                           more in any one year. Though this rule                     (b) Enforcement period. The zone                    radius of the launch site located at
                                           will not result in such an expenditure,                  described in paragraph (a) of this                    Hamburg Beach, Hamburg, NY. This
                                           we do discuss the effects of this rule                   section will be enforced from July 3,                 safety zone is intended to restrict
                                           elsewhere in this preamble.                              2018 through July 31, 2018. The Captain               vessels from portions of Lake Erie


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                                           31892               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations

                                           during the Hamburg Beach Blast                           days after publication in the Federal                    This regulatory action determination
                                           fireworks display. This temporary safety                 Register because doing so would be                    is based on the conclusion that this rule
                                           zone is necessary to protect mariners                    impracticable and contrary to the public              is not a significant regulatory action. We
                                           and vessels from the navigational                        interest. Delaying the effective date                 anticipate that it will have minimal
                                           hazards associated with a fireworks                      would be contrary to the rule’s                       impact on the economy, will not
                                           display. Entry of vessels or persons into                objectives of enhancing safety of life on             interfere with other agencies, will not
                                           this zone is prohibited unless                           the navigable waters and protection of                adversely alter the budget of any grant
                                           specifically authorized by the Captain of                persons and vessels in vicinity of the                or loan recipients, and will not raise any
                                           the Port Buffalo.                                        fireworks display.                                    novel legal or policy issues. The safety
                                           DATES: This rule is effective from 9:45                                                                        zone created by this rule will be
                                                                                                    III. Legal Authority and Need for Rule                relatively small and enforced for a
                                           p.m. until 10:45 p.m. on July 28, 2018.
                                                                                                       The Coast Guard is issuing this rule               relatively short time. Also, the safety
                                           ADDRESSES: To view documents
                                                                                                    under authority in 33 U.S.C. 1231. The                zone has been designed to allow vessels
                                           mentioned in this preamble as being
                                                                                                    Captain of the Port Buffalo (COTP) has                to transit around it. Thus, restrictions on
                                           available in the docket, go to http://
                                                                                                    determined that a fireworks display                   vessel movement within that particular
                                           www.regulations.gov, type USCG–2018–
                                                                                                    presents significant risks to the public              area are expected to be minimal. Under
                                           0630 in the ‘‘SEARCH’’ box and click
                                                                                                    safety and property. Such hazards                     certain conditions, moreover, vessels
                                           ‘‘SEARCH.’’ Click on Open Docket
                                                                                                    include premature and accidental                      may still transit through the safety zone
                                           Folder on the line associated with this
                                                                                                    detonations, dangerous projectiles, and               when permitted by the Captain of the
                                           rule.                                                                                                          Port.
                                                                                                    falling or burning debris. This rule is
                                           FOR FURTHER INFORMATION CONTACT: If
                                                                                                    needed to protect personnel, vessels,                 B. Impact on Small Entities
                                           you have questions on this rule, call or
                                                                                                    and the marine environment in the
                                           email LCDR Michael Collet, Chief                                                                                  The Regulatory Flexibility Act of
                                                                                                    navigable waters within the safety zone
                                           Waterways Management Division, U.S.                                                                            1980, 5 U.S.C. 601–612, as amended,
                                                                                                    while the fireworks display takes place.
                                           Coast Guard; telephone 716–843–9322,                                                                           requires Federal agencies to consider
                                           email D09-SMB-SECBuffalo-WWM@                            IV. Discussion of the Rule                            the potential impact of regulations on
                                           uscg.mil.                                                                                                      small entities during rulemaking. The
                                                                                                      This rule establishes a safety zone on
                                           SUPPLEMENTARY INFORMATION:                                                                                     term ‘‘small entities’’ comprises small
                                                                                                    July 28, 2018, from 9:45 p.m. until 10:45
                                                                                                                                                          businesses, not-for-profit organizations
                                           I. Table of Abbreviations                                p.m. The safety zone will encompass all
                                                                                                                                                          that are independently owned and
                                                                                                    waters of Lake Erie; Hamburg, NY
                                           CFR Code of Federal Regulations                                                                                operated and are not dominant in their
                                                                                                    contained within 280-foot radius of:
                                           DHS Department of Homeland Security                                                                            fields, and governmental jurisdictions
                                                                                                    42°45′59.21″ N, 078°52′41.51″ W.
                                           FR Federal Register                                                                                            with populations of less than 50,000.
                                           NPRM Notice of proposed rulemaking                         Entry into, transiting, or anchoring                The Coast Guard certifies under 5 U.S.C.
                                           § Section                                                within the safety zone is prohibited                  605(b) that this rule will not have a
                                           U.S.C. United States Code                                unless authorized by the Captain of the               significant economic impact on a
                                                                                                    Port Buffalo or his designated on-scene               substantial number of small entities.
                                           II. Background Information and                           representative. The Captain of the Port
                                           Regulatory History                                                                                                While some owners or operators of
                                                                                                    or his designated on-scene                            vessels intending to transit the safety
                                              The Coast Guard is issuing this                       representative may be contacted via                   zone may be small entities, for the
                                           temporary rule without prior notice and                  VHF Channel 16.                                       reasons stated in section V.A above, this
                                           opportunity to comment pursuant to                       V. Regulatory Analyses                                rule will not have a significant
                                           authority under section 4(a) of the                                                                            economic impact on any vessel owner
                                           Administrative Procedure Act (APA) (5                      We developed this rule after                        or operator.
                                           U.S.C. 553(b)). This provision                           considering numerous statutes and                        Under section 213(a) of the Small
                                           authorizes an agency to issue a rule                     Executive orders related to rulemaking.               Business Regulatory Enforcement
                                           without prior notice and opportunity to                  Below we summarize our analyses                       Fairness Act of 1996 (Pub. L. 104–121),
                                           comment when the agency for good                         based on a number of these statutes and               we want to assist small entities in
                                           cause finds that those procedures are                    Executive orders, and we discuss First                understanding this rule. If the rule
                                           ‘‘impracticable, unnecessary, or contrary                Amendment rights of protestors.                       would affect your small business,
                                           to the public interest.’’ Under 5 U.S.C.                                                                       organization, or governmental
                                                                                                    A. Regulatory Planning and Review
                                           553(b)(B), the Coast Guard finds that                                                                          jurisdiction and you have questions
                                           good cause exists for not publishing a                      Executive Orders 12866 and 13563                   concerning its provisions or options for
                                           notice of proposed rulemaking (NPRM)                     direct agencies to assess the costs and               compliance, please contact the person
                                           with respect to this rule because the                    benefits of available regulatory                      listed in the FOR FURTHER INFORMATION
                                           event sponsor did not submit notice to                   alternatives and, if regulation is                    CONTACT section.
                                           the Coast Guard with sufficient time                     necessary, to select regulatory                          Small businesses may send comments
                                           remaining before the event to publish an                 approaches that maximize net benefits.                on the actions of Federal employees
                                           NPRM. Delaying the effective date of                     Executive Order 13771 directs agencies                who enforce, or otherwise determine
                                           this rule to wait for a comment period                   to control regulatory costs through a                 compliance with, Federal regulations to
                                           to run would be impracticable and                        budgeting process. This rule has not                  the Small Business and Agriculture
                                           contrary to the public interest by                       been designated a ‘‘significant                       Regulatory Enforcement Ombudsman
                                           inhibiting the Coast Guard’s ability to                  regulatory action,’’ under Executive                  and the Regional Small Business
amozie on DSK3GDR082PROD with RULES




                                           protect spectators and vessels form the                  Order 12866. Accordingly, this rule has               Regulatory Fairness Boards. The
                                           hazards associated with a fireworks                      not been reviewed by the Office of                    Ombudsman evaluates these actions
                                           display.                                                 Management and Budget (OMB), and                      annually and rates each agency’s
                                              Under 5 U.S.C. 553(d)(3), the Coast                   pursuant to OMB guidance it is exempt                 responsiveness to small business. If you
                                           Guard finds that good cause exists for                   from the requirements of Executive                    wish to comment on actions by
                                           making this rule effective less than 30                  Order 13771.                                          employees of the Coast Guard, call 1–


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                                                               Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Rules and Regulations                                               31893

                                           888–REG–FAIR (1–888–734–3247). The                       individually or cumulatively have a                   Coast Guard commissioned, warrant or
                                           Coast Guard will not retaliate against                   significant effect on the human                       petty officer who has been designated
                                           small entities that question or complain                 environment. This rule establishes a                  by the Captain of the Port Buffalo to act
                                           about this rule or any policy or action                  temporary safety zone. It is categorically            on his behalf.
                                           of the Coast Guard.                                      excluded from further review under                      (4) Vessel operators desiring to enter
                                                                                                    paragraph L60(a) of Appendix A, Table                 or operate within the safety zone must
                                           C. Collection of Information                             1 of DHS Instruction Manual 023–01–                   contact the Captain of the Port Buffalo
                                             This rule will not call for a new                      001–01, Rev. 01. A Record of                          or his on-scene representative to obtain
                                           collection of information under the                      Environmental Consideration                           permission to do so. The Captain of the
                                           Paperwork Reduction Act of 1995 (44                      supporting this determination is                      Port Buffalo or his on-scene
                                           U.S.C. 3501–3520).                                       available in the docket where indicated               representative may be contacted via
                                           D. Federalism and Indian Tribal                          under ADDRESSES.                                      VHF Channel 16. Vessel operators given
                                           Governments                                                                                                    permission to enter or operate in the
                                                                                                    G. Protest Activities
                                                                                                                                                          safety zone must comply with all
                                              A rule has implications for federalism                  The Coast Guard respects the First                  directions given to them by the Captain
                                           under Executive Order 13132,                             Amendment rights of protesters.                       of the Port Buffalo, or his on-scene
                                           Federalism, if it has a substantial direct               Protesters are asked to contact the                   representative.
                                           effect on the States, on the relationship                person listed in the FOR FURTHER
                                                                                                                                                            Dated: July 5, 2018.
                                           between the national government and                      INFORMATION CONTACT section to
                                           the States, or on the distribution of                    coordinate protest activities so that your            Joseph S. Dufresne,
                                           power and responsibilities among the                     message can be received without                       Captain, U.S. Coast Guard, Captain of the
                                           various levels of government. We have                    jeopardizing the safety or security of                Port Buffalo.
                                           analyzed this rule under that Order and                  people, places or vessels.                            [FR Doc. 2018–14740 Filed 7–9–18; 8:45 am]
                                           have determined that it is consistent                                                                          BILLING CODE 9110–04–P
                                                                                                    List of Subjects in 33 CFR Part 165
                                           with the fundamental federalism
                                           principles and preemption requirements                     Harbors, Marine safety, Navigation
                                           described in Executive Order 13132.                      (water), Reporting and recordkeeping                  ENVIRONMENTAL PROTECTION
                                              Also, this rule does not have tribal                  requirements, Security measures,                      AGENCY
                                           implications under Executive Order                       Waterways.
                                           13175, Consultation and Coordination                       For the reasons discussed in the                    40 CFR Part 180
                                           with Indian Tribal Governments,                          preamble, the Coast Guard amends 33                   [EPA–HQ–OPP–2017–0227; FRL–9978–15]
                                           because it does not have a substantial                   CFR part 165 as follows:
                                           direct effect on one or more Indian                                                                            Pyroxsulam; Pesticide Tolerances
                                           tribes, on the relationship between the                  PART 165—REGULATED NAVIGATION
                                                                                                    AREAS AND LIMITED ACCESS AREAS                        AGENCY:  Environmental Protection
                                           Federal Government and Indian tribes,
                                                                                                                                                          Agency (EPA).
                                           or on the distribution of power and                      ■ 1. The authority citation for part 165              ACTION: Final rule.
                                           responsibilities between the Federal                     continues to read as follows:
                                           Government and Indian tribes. If you                                                                           SUMMARY:    This regulation amends
                                           believe this rule has implications for                     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;             existing tolerances for residues of
                                           federalism or Indian tribes, please                      Department of Homeland Security Delegation            pyroxsulam in or on teff forage, teff
                                           contact the person listed in the FOR                     No. 0170.1.                                           grain, teff hay, and teff straw.
                                           FURTHER INFORMATION CONTACT section                                                                            Interregional Research Project Number 4
                                           above.                                                   ■ 2. Add § 165.T09–0630 to read as
                                                                                                    follows:                                              (IR–4) requested these tolerances under
                                           E. Unfunded Mandates Reform Act                                                                                the Federal Food, Drug, and Cosmetic
                                                                                                    § 165.T09–0630 Safety Zone; Hamburg                   Act (FFDCA).
                                             The Unfunded Mandates Reform Act                       Beach Blast Fireworks Display; Lake Erie,             DATES: This regulation is effective July
                                           of 1995 (2 U.S.C. 1531–1538) requires                    Hamburg, NY.                                          10, 2018. Objections and requests for
                                           Federal agencies to assess the effects of                  (a) Location. The safety zone will                  hearings must be received on or before
                                           their discretionary regulatory actions. In               encompass all waters of Lake Erie;                    September 10, 2018, and must be filed
                                           particular, the Act addresses actions                    Hamburg, NY contained within a 280-                   in accordance with the instructions
                                           that may result in the expenditure by a                  foot radius of: 42°45′59.21″ N,                       provided in 40 CFR part 178 (see also
                                           State, local, or tribal government, in the               078°52′41.51″ W.                                      Unit I.C. of the SUPPLEMENTARY
                                           aggregate, or by the private sector of                     (b) Enforcement period. This                        INFORMATION).
                                           $100,000,000 (adjusted for inflation) or                 regulation will be enforced from 9:45
                                           more in any one year. Though this rule                   p.m. until 10:45 p.m. on July 28, 2018.               ADDRESSES: The docket for this action,
                                           will not result in such an expenditure,                    (c) Regulations. (1) In accordance with             identified by docket identification (ID)
                                           we do discuss the effects of this rule                   the general regulations in § 165.23, entry            number EPA–HQ–OPP–2017–0227, is
                                           elsewhere in this preamble.                              into, transiting, or anchoring within this            available at http://www.regulations.gov
                                                                                                    safety zone is prohibited unless                      or at the Office of Pesticide Programs
                                           F. Environment                                                                                                 Regulatory Public Docket (OPP Docket)
                                                                                                    authorized by the Captain of the Port
                                             We have analyzed this rule under                       Buffalo or his designated on-scene                    in the Environmental Protection Agency
                                           Department of Homeland Security                          representative.                                       Docket Center (EPA/DC), West William
                                           Directive 023–01 and Commandant                            (2) This safety zone is closed to all               Jefferson Clinton Bldg., Rm. 3334, 1301
amozie on DSK3GDR082PROD with RULES




                                           Instruction M16475.1D, which guide the                   vessel traffic, except as may be                      Constitution Ave. NW, Washington, DC
                                           Coast Guard in complying with the                        permitted by the Captain of the Port                  20460–0001. The Public Reading Room
                                           National Environmental Policy Act of                     Buffalo or his designated on-scene                    is open from 8:30 a.m. to 4:30 p.m.,
                                           1969 (42 U.S.C. 4321–4370f), and have                    representative.                                       Monday through Friday, excluding legal
                                           determined that this action is one of a                    (3) The ‘‘on-scene representative’’ of              holidays. The telephone number for the
                                           category of actions that do not                          the Captain of the Port Buffalo is any                Public Reading Room is (202) 566–1744,


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Document Created: 2018-11-06 10:18:47
Document Modified: 2018-11-06 10:18:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9:45 p.m. until 10:45 p.m. on July 28, 2018.
ContactIf you have questions on this rule, call or email LCDR Michael Collet, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo- [email protected]
FR Citation83 FR 31891 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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