83_FR_32739 83 FR 32604 - Safety Zone; Ski Show Sylvan Beach; Fish Creek, Oneida, NY

83 FR 32604 - Safety Zone; Ski Show Sylvan Beach; Fish Creek, Oneida, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 135 (July 13, 2018)

Page Range32604-32606
FR Document2018-14993

The Coast Guard proposes to establish a temporary safety zone for certain waters of Fish Creek during the Ski Show Sylvan Beach. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Buffalo or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 135 (Friday, July 13, 2018)
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Proposed Rules]
[Pages 32604-32606]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14993]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0635]
RIN 1625-AA00


Safety Zone; Ski Show Sylvan Beach; Fish Creek, Oneida, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of Fish Creek during the Ski Show Sylvan Beach. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless authorized by the Captain of the Port Buffalo or 
a designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 2, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0635 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

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

    On April 8, 2018, Mohawk Valley Ski Club Inc. notified the Coast 
Guard that it would be conducting a ski show from 12:00 p.m. to 8:00 
p.m. on August 12, 2018. The show will take place on Fish Creek where 
the creek meets Oneida Lake starting at position 43[deg]11'36.6'' N, 
75[deg]43'53.8'' W then South to 43[deg]11'33.7'' N, 75[deg]43'51.2'' W 
then East to 43[deg]11'42.4'' N, 75[deg]43'38.6'' W then North to 
43[deg]11'44.5'' N, 75[deg]43'39.7'' W then returning to the point of 
origin. The Captain of the Port Buffalo (COTP) has determined that 
potential hazards associated with a Ski Show Sylvan Beach would be a 
safety concern for anyone within the aforementioned zone on Fish Creek.
    The purpose of this rulemaking is to enhance the safety of vessels 
and racers on the navigable waters within the above stated points, 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone enforced 
from 12:00 p.m. to 8:00 p.m. on August 12, 2018 with breaks every 30 
minutes to allow traffic to pass. The safety zone will cover all 
navigable waters starting at position 43[deg]11'36.6'' N, 
75[deg]43'53.8'' W then South to 43[deg]11'33.7'' N, 75[deg]43'51.2'' W 
then East to 43[deg]11'42.4'' N, 75[deg]43'38.6'' W then North to 
43[deg]11'44.5'' N, 75[deg]43'39.7'' W then returning to the point of 
origin on Fish Creek, Oneida, NY. The duration of the zone is intended 
to enhance the safety of vessels and these navigable waters before, 
during, and after the scheduled 12:00 p.m. to 8:00 p.m. Ski Show. No 
vessel or person would be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would not be able to safely transit around this safety zone, which 
would impact a small designated area of Fish Creek. However, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rule would allow vessels to seek 
permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

[[Page 32605]]

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
establishing a safety zone lasting 8 hours that would prohibit entry 
for certain waters of Fish Creek. Normally such actions are 
categorically excluded from further review under paragraph L60(a) of 
Appendix A, Table 1, of DHS Instruction Manual 023-01-001-01, Rev. 01. 
A preliminary Record of Environmental Consideration (REC) supporting 
this determination is available in the docket where indicated under the 
ADDRESSES section of this preamble. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0635 to read as follows:


Sec.  165.T09-0635  Safety Zone; Ski Show Sylvan Beach; Fish Creek, 
Oneida, NY.

    (a) Location. The safety zone will encompass all waters of Fish 
Creek in Oneida, NY, starting at position 43[deg]11'36.6'' N, 
75[deg]43'53.8'' W then South to 43[deg]11'33.7'' N, 75[deg]43'51.2'' W 
then East to 43[deg]11'42.4'' N, 75[deg]43'38.6'' W then North to 
43[deg]11'44.5'' N, 75[deg]43'39.7'' W then returning to the point of 
origin (NAD 83).
    (b) Enforcement Period. This rule is effective from 12:00 p.m. 
until 8:00 p.m. on August 12, 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

[[Page 32606]]

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. 2018-14993 Filed 7-12-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                  32604                      Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Proposed Rules

                                                  PART 117—DRAWBRIDGE                                      U.S. Coast Guard Sector Buffalo;                      Executive Orders related to rulemaking.
                                                  OPERATION REGULATIONS                                    telephone 716–843–9322, email D09-                    Below we summarize our analyses
                                                                                                           SMB-SECBuffalo-WWM@uscg.mil.                          based on a number of these statutes and
                                                  ■ 1. The authority citation for part 117                 SUPPLEMENTARY INFORMATION:                            Executive Orders and we discuss First
                                                  continues to read as follows:                                                                                  Amendment rights of protestors.
                                                                                                           I. Table of Abbreviations
                                                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;                                                                     A. Regulatory Planning and Review
                                                  Department of Homeland Security Delegation               CFR Code of Federal Regulations
                                                  No. 0170.1.                                              DHS Department of Homeland Security                      Executive Orders 12866 and 13563
                                                                                                           FR Federal Register                                   direct agencies to assess the costs and
                                                  ■ 2. Revise § 117.253(a) to read as                                                                            benefits of available regulatory
                                                                                                           NPRM Notice of proposed rulemaking
                                                  follows:                                                 § Section                                             alternatives and, if regulation is
                                                  § 117.253   Anacostia River                              U.S.C. United States Code                             necessary, to select regulatory
                                                    (a) The draw of the Frederick                          II. Background, Purpose, and Legal                    approaches that maximize net benefits.
                                                  Douglass Memorial (South Capitol                         Basis                                                 Executive Order 13771 directs agencies
                                                  Street) bridge, mile 1.2, need not be                                                                          to control regulatory costs through a
                                                                                                              On April 8, 2018, Mohawk Valley Ski                budgeting process. This NPRM has not
                                                  opened for the passage of vessels.                       Club Inc. notified the Coast Guard that               been designated a ‘‘significant
                                                  *     *     *    *     *                                 it would be conducting a ski show from                regulatory action,’’ under Executive
                                                    Dated: June 25, 2018.                                  12:00 p.m. to 8:00 p.m. on August 12,                 Order 12866. Accordingly, the NPRM
                                                  M.L. Austin,                                             2018. The show will take place on Fish                has not been reviewed by the Office of
                                                  Rear Admiral, U.S. Coast Guard, Commander,               Creek where the creek meets Oneida                    Management and Budget (OMB), and
                                                  Fifth Coast Guard District.                              Lake starting at position 43°11′36.6″ N,              pursuant to OMB guidance it is exempt
                                                  [FR Doc. 2018–15050 Filed 7–12–18; 8:45 am]              75°43′53.8″ W then South to 43°11′33.7″               from the requirements of Executive
                                                  BILLING CODE 9110–04–P
                                                                                                           N, 75°43′51.2″ W then East to                         Order 13771.
                                                                                                           43°11′42.4″ N, 75°43′38.6″ W then North                  This regulatory action determination
                                                                                                           to 43°11′44.5″ N, 75°43′39.7″ W then                  is based on the size, location, duration,
                                                  DEPARTMENT OF HOMELAND                                   returning to the point of origin. The                 and time-of-day of the safety zone.
                                                  SECURITY                                                 Captain of the Port Buffalo (COTP) has                Vessel traffic would not be able to safely
                                                                                                           determined that potential hazards                     transit around this safety zone, which
                                                  Coast Guard                                              associated with a Ski Show Sylvan                     would impact a small designated area of
                                                                                                           Beach would be a safety concern for                   Fish Creek. However, the Coast Guard
                                                  33 CFR Part 165                                          anyone within the aforementioned zone                 would issue a Broadcast Notice to
                                                                                                           on Fish Creek.                                        Mariners via VHF–FM marine channel
                                                  [Docket Number USCG–2018–0635]
                                                                                                              The purpose of this rulemaking is to               16 about the zone, and the rule would
                                                  RIN 1625–AA00                                            enhance the safety of vessels and racers              allow vessels to seek permission to enter
                                                                                                           on the navigable waters within the                    the zone.
                                                  Safety Zone; Ski Show Sylvan Beach;                      above stated points, before, during, and
                                                  Fish Creek, Oneida, NY                                   after the scheduled event. The Coast                  B. Impact on Small Entities
                                                  AGENCY:   Coast Guard, DHS.                              Guard proposes this rulemaking under                     The Regulatory Flexibility Act of
                                                                                                           authority in 33 U.S.C. 1231.                          1980, 5 U.S.C. 601–612, as amended,
                                                  ACTION:   Notice of proposed rulemaking.
                                                                                                                                                                 requires Federal agencies to consider
                                                                                                           III. Discussion of Proposed Rule                      the potential impact of regulations on
                                                  SUMMARY:   The Coast Guard proposes to
                                                  establish a temporary safety zone for                       The COTP proposes to establish a                   small entities during rulemaking. The
                                                  certain waters of Fish Creek during the                  temporary safety zone enforced from                   term ‘‘small entities’’ comprises small
                                                  Ski Show Sylvan Beach. This proposed                     12:00 p.m. to 8:00 p.m. on August 12,                 businesses, not-for-profit organizations
                                                  rulemaking would prohibit persons and                    2018 with breaks every 30 minutes to                  that are independently owned and
                                                  vessels from being in the safety zone                    allow traffic to pass. The safety zone                operated and are not dominant in their
                                                  unless authorized by the Captain of the                  will cover all navigable waters starting              fields, and governmental jurisdictions
                                                  Port Buffalo or a designated                             at position 43°11′36.6″ N, 75°43′53.8″ W              with populations of less than 50,000.
                                                  representative. We invite your                           then South to 43°11′33.7″ N, 75°43′51.2″              The Coast Guard certifies under 5 U.S.C.
                                                  comments on this proposed rulemaking.                    W then East to 43°11′42.4″ N,                         605(b) that this proposed rule would not
                                                  DATES: Comments and related material
                                                                                                           75°43′38.6″ W then North to 43°11′44.5″               have a significant economic impact on
                                                  must be received by the Coast Guard on                   N, 75°43′39.7″ W then returning to the                a substantial number of small entities.
                                                  or before August 2, 2018.                                point of origin on Fish Creek, Oneida,                   While some owners or operators of
                                                                                                           NY. The duration of the zone is                       vessels intending to transit the safety
                                                  ADDRESSES: You may submit comments
                                                                                                           intended to enhance the safety of                     zone may be small entities, for the
                                                  identified by docket number USCG–                                                                              reasons stated in section IV.A above,
                                                                                                           vessels and these navigable waters
                                                  2018–0635 using the Federal                                                                                    this proposed rule would not have a
                                                                                                           before, during, and after the scheduled
                                                  eRulemaking Portal at http://                                                                                  significant economic impact on any
                                                                                                           12:00 p.m. to 8:00 p.m. Ski Show. No
                                                  www.regulations.gov. See the ‘‘Public                                                                          vessel owner or operator.
                                                                                                           vessel or person would be permitted to
                                                  Participation and Request for                                                                                     If you think that your business,
                                                                                                           enter the safety zone without obtaining
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  Comments’’ portion of the                                                                                      organization, or governmental
                                                                                                           permission from the COTP or a
                                                  SUPPLEMENTARY INFORMATION section for                                                                          jurisdiction qualifies as a small entity
                                                                                                           designated representative. The
                                                  further instructions on submitting                                                                             and that this rule would have a
                                                                                                           regulatory text we are proposing appears
                                                  comments.                                                                                                      significant economic impact on it,
                                                                                                           at the end of this document.
                                                  FOR FURTHER INFORMATION CONTACT:   If                                                                          please submit a comment (see
                                                  you have questions about this proposed                   IV. Regulatory Analyses                               ADDRESSES) explaining why you think it
                                                  rulemaking, call or email LCDR Michael                     We developed this proposed rule after               qualifies and how and to what degree
                                                  Collet, Chief of Waterways Management,                   considering numerous statutes and                     this rule would economically affect it.


                                             VerDate Sep<11>2014   16:31 Jul 12, 2018   Jkt 244001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\13JYP1.SGM   13JYP1


                                                                             Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Proposed Rules                                           32605

                                                     Under section 213(a) of the Small                     effects of this rule elsewhere in this                  We accept anonymous comments. All
                                                  Business Regulatory Enforcement                          preamble.                                             comments received will be posted
                                                  Fairness Act of 1996 (Pub. L. 104–121),                                                                        without change to http://
                                                                                                           F. Environment
                                                  we want to assist small entities in                                                                            www.regulations.gov and will include
                                                  understanding this proposed rule. If the                    We have analyzed this proposed rule                any personal information you have
                                                  rule would affect your small business,                   under Department of Homeland                          provided. For more about privacy and
                                                  organization, or governmental                            Security Management Directive 023–01                  the docket, visit http://
                                                  jurisdiction and you have questions                      and Commandant Instruction                            www.regulations.gov/privacyNotice.
                                                  concerning its provisions or options for                 M16475.lD, which guide the Coast                        Documents mentioned in this NPRM
                                                  compliance, please contact the person                    Guard in complying with the National                  as being available in the docket, and all
                                                  listed in the FOR FURTHER INFORMATION                    Environmental Policy Act of 1969 (42                  public comments, will be in our online
                                                  CONTACT section. The Coast Guard will                    U.S.C. 4321–4370f), and have made a                   docket at http://www.regulations.gov
                                                  not retaliate against small entities that                preliminary determination that this                   and can be viewed by following that
                                                  question or complain about this                          action is one of a category of actions that           website’s instructions. Additionally, if
                                                  proposed rule or any policy or action of                 do not individually or cumulatively                   you go to the online docket and sign up
                                                  the Coast Guard.                                         have a significant effect on the human                for email alerts, you will be notified
                                                  C. Collection of Information                             environment. This proposed rule                       when comments are posted or a final
                                                                                                           involves establishing a safety zone                   rule is published.
                                                    This proposed rule would not call for                  lasting 8 hours that would prohibit
                                                  a new collection of information under                                                                          List of Subjects in 33 CFR Part 165
                                                                                                           entry for certain waters of Fish Creek.
                                                  the Paperwork Reduction Act of 1995                      Normally such actions are categorically                 Harbors, Marine safety, Navigation
                                                  (44 U.S.C. 3501–3520).                                   excluded from further review under                    (water), Reporting and recordkeeping
                                                  D. Federalism and Indian Tribal                          paragraph L60(a) of Appendix A, Table                 requirements, Security measures,
                                                  Governments                                              1, of DHS Instruction Manual 023–01–                  Waterways.
                                                                                                           001–01, Rev. 01. A preliminary Record                   For the reasons discussed in the
                                                     A rule has implications for federalism                                                                      preamble, the Coast Guard proposes to
                                                                                                           of Environmental Consideration (REC)
                                                  under Executive Order 13132,                                                                                   amend 33 CFR part 165 as follows:
                                                                                                           supporting this determination is
                                                  Federalism, if it has a substantial direct
                                                                                                           available in the docket where indicated
                                                  effect on the States, on the relationship                                                                      PART 165—REGULATED NAVIGATION
                                                                                                           under the ADDRESSES section of this
                                                  between the national government and                                                                            AREAS AND LIMITED ACCESS AREAS
                                                  the States, or on the distribution of                    preamble. We seek any comments or
                                                  power and responsibilities among the                     information that may lead to the                      ■ 1. The authority citation for part 165
                                                  various levels of government. We have                    discovery of a significant environmental              continues to read as follows:
                                                  analyzed this proposed rule under that                   impact from this proposed rule.
                                                                                                                                                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  Order and have determined that it is                     G. Protest Activities                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  consistent with the fundamental                                                                                Department of Homeland Security Delegation
                                                  federalism principles and preemption                       The Coast Guard respects the First                  No. 0170.1.
                                                  requirements described in Executive                      Amendment rights of protesters.
                                                                                                           Protesters are asked to contact the                   ■ 2. Add § 165.T09–0635 to read as
                                                  Order 13132.                                                                                                   follows:
                                                     Also, this proposed rule does not have                person listed in the FOR FURTHER
                                                  tribal implications under Executive                      INFORMATION CONTACT section to                        § 165.T09–0635 Safety Zone; Ski Show
                                                  Order 13175, Consultation and                            coordinate protest activities so that your            Sylvan Beach; Fish Creek, Oneida, NY.
                                                  Coordination with Indian Tribal                          message can be received without                         (a) Location. The safety zone will
                                                  Governments, because it would not have                   jeopardizing the safety or security of                encompass all waters of Fish Creek in
                                                  a substantial direct effect on one or                    people, places, or vessels.                           Oneida, NY, starting at position
                                                  more Indian tribes, on the relationship                  V. Public Participation and Request for               43°11′36.6″ N, 75°43′53.8″ W then South
                                                  between the Federal Government and                       Comments                                              to 43°11′33.7″ N, 75°43′51.2″ W then
                                                  Indian tribes, or on the distribution of                                                                       East to 43°11′42.4″ N, 75°43′38.6″ W
                                                  power and responsibilities between the                      We view public participation as                    then North to 43°11′44.5″ N, 75°43′39.7″
                                                  Federal Government and Indian tribes.                    essential to effective rulemaking, and                W then returning to the point of origin
                                                  If you believe this proposed rule has                    will consider all comments and material               (NAD 83).
                                                  implications for federalism or Indian                    received during the comment period.                      (b) Enforcement Period. This rule is
                                                  tribes, please contact the person listed                 Your comment can help shape the                       effective from 12:00 p.m. until 8:00 p.m.
                                                  in the FOR FURTHER INFORMATION                           outcome of this rulemaking. If you                    on August 12, 2018.
                                                  CONTACT section.                                         submit a comment, please include the                     (c) Regulations. (1) In accordance with
                                                                                                           docket number for this rulemaking,                    the general regulations in § 165.23, entry
                                                  E. Unfunded Mandates Reform Act                          indicate the specific section of this                 into, transiting, or anchoring within this
                                                    The Unfunded Mandates Reform Act                       document to which each comment                        safety zone is prohibited unless
                                                  of 1995 (2 U.S.C. 1531–1538) requires                    applies, and provide a reason for each                authorized by the Captain of the Port
                                                  Federal agencies to assess the effects of                suggestion or recommendation.                         Buffalo or his designated on-scene
                                                  their discretionary regulatory actions. In                  We encourage you to submit                         representative.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  particular, the Act addresses actions                    comments through the Federal                             (2) This safety zone is closed to all
                                                  that may result in the expenditure by a                  eRulemaking Portal at http://                         vessel traffic, except as may be
                                                  State, local, or tribal government, in the               www.regulations.gov. If your material                 permitted by the Captain of the Port
                                                  aggregate, or by the private sector of                   cannot be submitted using http://                     Buffalo or his designated on-scene
                                                  $100,000,000 (adjusted for inflation) or                 www.regulations.gov, contact the person               representative.
                                                  more in any one year. Though this                        in the FOR FURTHER INFORMATION                           (3) The ‘‘on-scene representative’’ of
                                                  proposed rule would not result in such                   CONTACT section of this document for                  the Captain of the Port Buffalo is any
                                                  an expenditure, we do discuss the                        alternate instructions.                               Coast Guard commissioned, warrant or


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                                                  32606                      Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Proposed Rules

                                                  petty officer who has been designated                    Station (hereafter referred to as                     FOR FURTHER INFORMATION CONTACT:
                                                  by the Captain of the Port Buffalo to act                ‘‘Keystone,’’ ‘‘Conemaugh,’’ ‘‘Homer                  Megan Goold, (215) 814–2027, or by
                                                  on his behalf.                                           City,’’ and ‘‘Seward’’). The SIP                      email at goold.megan@epa.gov.
                                                    (4) Vessel operators desiring to enter                 submission is an attainment plan which                SUPPLEMENTARY INFORMATION:
                                                  or operate within the safety zone must                   includes the base year emissions
                                                  contact the Captain of the Port Buffalo                  inventory, an analysis of the reasonably              Table of Contents
                                                  or his on-scene representative to obtain                 available control technology (RACT)                   I. Background for EPA’s Proposed Action
                                                  permission to do so. The Captain of the                  and reasonably available control                      II. Pennsylvania’s Attainment Plan Submittal
                                                  Port Buffalo or his on-scene                             measure (RACM) requirements,                                for the Indiana Area
                                                  representative may be contacted via                      enforceable emission limitations and                  III. EPA’s Analysis of Pennsylvania’s
                                                                                                                                                                       Attainment Plan for the Indiana Area
                                                  VHF Channel 16. Vessel operators given                   control measures, a reasonable further                   A. Pollutants Addressed
                                                  permission to enter or operate in the                    progress (RFP) plan, a modeling                          B. Emissions Inventory Requirements
                                                  safety zone must comply with all                         demonstration of SO2 attainment, and                     C. Air Quality Modeling
                                                  directions given to them by the Captain                  contingency measures for the Indiana                     D. RACM/RACT
                                                  of the Port Buffalo, or his on-scene                     Area. As part of approving the                           E. RFP Plan
                                                  representative.                                          attainment plan, EPA is also proposing                   F. Contingency Measures
                                                                                                           to approve into the Pennsylvania SIP                     G. New Source Review
                                                    Dated: July 5, 2018.                                                                                         IV. EPA’s Proposed Action
                                                  Joseph S. Dufresne,
                                                                                                           SO2 emission limits and associated                    V. Incorporation by Reference
                                                                                                           compliance parameters for Keystone,                   VI. Statutory and Executive Order Reviews
                                                  Captain, U.S. Coast Guard, Captain of the
                                                  Port Buffalo.
                                                                                                           Conemaugh, Homer City and Seward
                                                                                                           and proposes to find Pennsylvania has                 I. Background for EPA’s Proposed
                                                  [FR Doc. 2018–14993 Filed 7–12–18; 8:45 am]                                                                    Action
                                                                                                           measures in place to address
                                                  BILLING CODE 9110–04–P
                                                                                                           nonattainment new source review. EPA                     On June 2, 2010, the EPA
                                                                                                           proposes to approve Pennsylvania’s                    Administrator signed a final rule
                                                                                                           attainment plan and concludes that the                establishing a new primary SO2 NAAQS
                                                  ENVIRONMENTAL PROTECTION                                 Indiana Area will attain the 2010 1-hour              as a 1-hour standard of 75 parts per
                                                  AGENCY                                                   primary SO2 NAAQS by the applicable                   billion (ppb), based on a 3-year average
                                                                                                           attainment date and that the plan meets               of the annual 99th percentile of daily
                                                  40 CFR Part 52                                           all applicable requirements under the                 maximum 1-hour average
                                                  [EPA–R03–OAR–2017–0615; FRL–9980–65-                     Clean Air Act (CAA).                                  concentrations. See 75 FR 35520 (June
                                                  Region 3]                                                DATES: Written comments must be                       22, 2010), codified at 40 CFR 50.17. This
                                                                                                           received on or before August 13, 2018.                action also revoked the existing 1971
                                                  Approval and Promulgation of Air                                                                               primary annual and 24-hour standards,
                                                                                                           ADDRESSES: Submit your comments,
                                                  Quality Implementation Plans;                                                                                  subject to certain conditions.1 EPA
                                                                                                           identified by Docket ID No. EPA–R03–
                                                  Pennsylvania; Attainment Plan for the                                                                          established the NAAQS based on
                                                                                                           OAR–2017–0615 at http://
                                                  Indiana, Pennsylvania Nonattainment                                                                            significant evidence and numerous
                                                                                                           www.regulations.gov, or via email to
                                                  Area for the 2010 Sulfur Dioxide                                                                               health studies demonstrating that
                                                                                                           spielberger.susan@epa.gov. For
                                                  Primary National Ambient Air Quality                                                                           serious health effects are associated
                                                                                                           comments submitted at Regulations.gov,
                                                  Standard                                                                                                       with short-term exposures to SO2
                                                                                                           follow the online instructions for
                                                  AGENCY:  Environmental Protection                        submitting comments. Once submitted,                  emissions ranging from five minutes to
                                                  Agency (EPA).                                            comments cannot be edited or removed                  24 hours with an array of adverse
                                                  ACTION: Proposed rule.                                   from Regulations.gov. For either manner               respiratory effects including narrowing
                                                                                                           of submission, EPA may publish any                    of the airways which can cause
                                                  SUMMARY:    The Environmental Protection                 comment received to its public docket.                difficulty breathing
                                                  Agency (EPA) is proposing to approve a                   Do not submit electronically any                      (bronchoconstriction) and increased
                                                  state implementation plan (SIP)                          information you consider to be                        asthma symptoms. For more
                                                  revision, submitted by the                               confidential business information (CBI)               information regarding the health
                                                  Commonwealth of Pennsylvania                             or other information whose disclosure is              impacts of SO2, please refer to the June
                                                  through the Pennsylvania Department of                   restricted by statute. Multimedia                     22, 2010 final rulemaking. See 75 FR
                                                  Environmental Protection (PADEP), to                     submissions (audio, video, etc.) must be              35520. Following promulgation of a new
                                                  EPA on October 11, 2017, for the                         accompanied by a written comment.                     or revised NAAQS, EPA is required by
                                                  purpose of providing for attainment of                   The written comment is considered the                 the CAA to designate areas throughout
                                                  the 2010 sulfur dioxide (SO2) primary                    official comment and should include                   the United States as attaining or not
                                                  national ambient air quality standard                    discussion of all points you wish to                  attaining the NAAQS; this designation
                                                  (NAAQS) in the Indiana, Pennsylvania                     make. EPA will generally not consider                 process is described in section
                                                  SO2 nonattainment area (hereafter                        comments or comment contents located                  107(d)(1)–(2) of the CAA. On August 5,
                                                  referred to as the ‘‘Indiana Area’’ or                   outside of the primary submission (i.e.               2013, EPA promulgated initial air
                                                  ‘‘Area’’). The Indiana Area is comprised                 on the web, cloud, or other file sharing              quality designations for 29 areas for the
                                                  of Indiana County and a portion of                       system). For additional submission                    2010 SO2 NAAQS (78 FR 47191), which
                                                  Armstrong County (Plumcreek                              methods, please contact the person
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                   1 EPA’s June 22, 2010 final action revoked the two
                                                  Township, South Bend Township, and                       identified in the FOR FURTHER
                                                                                                                                                                 1971 primary 24-hour standard of 140 ppb and the
                                                  Elderton Borough) in Pennsylvania. The                   INFORMATION CONTACT section. For the
                                                                                                                                                                 annual standard of 30 ppb because they were
                                                  major sources of SO2 in the Indiana                      full EPA public comment policy,                       determined not to add additional public health
                                                  Area emitting over 2,000 tpy of SO2                      information about CBI or multimedia                   protection given a 1-hour standard at 75 ppb. See
                                                  include several large electric generating                submissions, and general guidance on                  75 FR 35520. However, the secondary 3-hour SO2
                                                                                                                                                                 standard was retained. Currently, the 24-hour and
                                                  units (EGUs): Keystone Plant,                            making effective comments, please visit               annual standards are only revoked for certain of
                                                  Conemaugh Plant, Homer City                              http://www2.epa.gov/dockets/                          those areas the EPA has already designated for the
                                                  Generation, and Seward Generation                        commenting-epa-dockets.                               2010 1-hour SO2 NAAQS. See 40 CFR 50.4(e).



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Document Created: 2018-07-13 01:04:37
Document Modified: 2018-07-13 01:04:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 2, 2018.
ContactIf you have questions about this proposed rulemaking, call or email LCDR Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected]
FR Citation83 FR 32604 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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