83_FR_34945 83 FR 34804 - Safety Zone; Great Lakes Offshore Grand Prix; Lake Erie, Dunkirk, NY

83 FR 34804 - Safety Zone; Great Lakes Offshore Grand Prix; Lake Erie, Dunkirk, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 141 (July 23, 2018)

Page Range34804-34806
FR Document2018-15672

The Coast Guard proposes to establish a temporary safety zone for certain waters of Dunkirk Harbor, Lake Erie, Dunkirk, NY during the Great Lakes Offshore Grand Prix. 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 141 (Monday, July 23, 2018)
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Proposed Rules]
[Pages 34804-34806]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15672]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0683]
RIN 1625-AA00


Safety Zone; Great Lakes Offshore Grand Prix; Lake Erie, Dunkirk, 
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 Dunkirk Harbor, Lake Erie, Dunkirk, NY during the 
Great Lakes Offshore Grand Prix. 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 7, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0683 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 March 22, 2018, Dunkirk Local Development Corporation and 
Dunkirk Festivals notified the Coast Guard that it would be conducting 
a professional high speed powerboat race from 10:00 a.m. until 5:00 
p.m. on August 19, 2018. The race will be held in the vicinity of the 
Dunkirk Harbor. Hazards from the boat regatta include high speed 
vessels. The Captain of the Port Buffalo (COTP) has determined that 
potential hazards associated with the Great Lakes Offshore Grand Prix 
would be a safety concern for anyone within the designated safety zone.
    The purpose of this rulemaking is to enhance the safety of vessels 
and racers on the navigable waters within the designated safety zone 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone enforced 
intermittently, from 10:00 a.m. until 5:00 p.m. on August 19, 2018 with 
a rain date of August 18, 2018. The safety zone will encompass all 
navigable waters of Lake Erie, Dunkirk, NY starting at position 
42[deg]29'37.7'' N, 079[deg]21'17.7'' W then Northwest to 
42[deg]29'45.2'' N, 079[deg]21'28.2'' W then Northeast to 
42[deg]30'15.0'' N, 079[deg]21'20.0'' W then Northeast to 
42[deg]30'39.0'' N, 079[deg]19'46.0'' W then Southeast to 
42[deg]30'09.3'' N, 079[deg]19'03.1'' W. The duration of the zone is 
intended to enhance the safety of vessels and these navigable waters 
before, during, and after the scheduled 10:00 a.m. until 5:00 p.m. boat 
races. 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.

[[Page 34805]]

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 Lake Erie. 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.
    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 Directive 023-01 and Commandant Instruction M16475.1D, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This proposed rule involves establishing a safety zone 
lasting 7 hours that would prohibit entry into all waters inside of 
Lake Erie, Dunkirk, NY starting at position 42[deg]29'37.7'' N, 
079[deg]21'17.7'' W then Northwest to 42[deg]29'45.2'' N, 
079[deg]21'28.2'' W then Northeast to 42[deg]30'15.0'' N, 
079[deg]21'20.0'' W then Northeast to 42[deg]30'39.0'' N, 
079[deg]19'46.0'' W then Southeast to 42[deg]30'09.3'' N, 
079[deg]19'03.1'' W. 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 ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://

[[Page 34806]]

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: 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.T09-0683 to read as follows:


Sec.  165.T09-0683  Safety Zone; Great Lakes Offshore Grand Prix; Lake 
Erie, Dunkirk, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie, Dunkirk,
    NY starting at position 42[deg]29'37.7'' N, 079[deg]21'17.7'' W 
then Northwest to 42[deg]29'45.2'' N, 079[deg]21'28.2'' W then 
Northeast to 42[deg]30'15.0'' N, 079[deg]21'20.0'' W then Northeast to 
42[deg]30'39.0'' N, 079[deg]19'46.0'' W then Southeast to 
42[deg]30'09.3'' N, 079[deg]19'03.1'' W.
    (b) Enforcement Period. This rule is effective from 10:00 a.m. 
until 5:00 p.m. on August 19, 2018 with a rain date of August 18, 2018.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting, or anchoring within this safety zone 
is prohibited unless authorized by the Captain of the Port Buffalo or 
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: July 17, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-15672 Filed 7-20-18; 8:45 am]
BILLING CODE 9110-04-P



                                                34804                     Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules

                                                   b. Use the active voice to address                    seeking this exemption must include                   SUPPLEMENTARY INFORMATION:
                                                readers directly;                                        with their application a certification,
                                                                                                                                                               I. Table of Abbreviations
                                                   c. Use clear language rather than                     including a citation to applicable law,
                                                jargon;                                                  that they are prohibited by law from                  CFR Code of Federal Regulations
                                                   d. Be divided into short sections and                 providing security. Federal, State,                   DHS Department of Homeland Security
                                                sentences; and                                           Tribal, or local governments must also                FR Federal Register
                                                   e. Use lists and tables wherever                                                                            NPRM Notice of proposed rulemaking
                                                                                                         notify landowners that they are                       § Section
                                                possible.                                                prohibited by law from providing                      U.S.C. United States Code
                                                   If you feel that we have not met these                security when they notify the Indian
                                                requirements, send us comments by one                    landowners of their application under                 II. Background, Purpose, and Legal
                                                of the methods listed in the ADDRESSES                   § 169.107.                                            Basis
                                                section. To better help us revise the                                                                             On March 22, 2018, Dunkirk Local
                                                                                                           Dated: June 29, 2018.
                                                rule, your comments should be as                                                                               Development Corporation and Dunkirk
                                                specific as possible. For example, you                   John Tahsuda,
                                                                                                                                                               Festivals notified the Coast Guard that
                                                should tell us the numbers of the                        Principal Deputy Assistant Secretary—Indian
                                                                                                         Affairs exercising the authority of the               it would be conducting a professional
                                                sections or paragraphs that are unclearly                                                                      high speed powerboat race from 10:00
                                                                                                         Assistant Secretary—Indian Affairs.
                                                written, which sections or sentences are                                                                       a.m. until 5:00 p.m. on August 19, 2018.
                                                                                                         [FR Doc. 2018–15680 Filed 7–20–18; 8:45 am]
                                                too long, the sections where you believe                                                                       The race will be held in the vicinity of
                                                lists or tables would be useful, etc.                    BILLING CODE 4337–15–P
                                                                                                                                                               the Dunkirk Harbor. Hazards from the
                                                M. Public Availability of Comments                                                                             boat regatta include high speed vessels.
                                                                                                                                                               The Captain of the Port Buffalo (COTP)
                                                  Before including your address, phone                   DEPARTMENT OF HOMELAND                                has determined that potential hazards
                                                number, email address, or other                          SECURITY                                              associated with the Great Lakes Offshore
                                                personal identifying information in your                                                                       Grand Prix would be a safety concern
                                                comment, you should be aware that                        Coast Guard
                                                                                                                                                               for anyone within the designated safety
                                                your entire comment—including your                                                                             zone.
                                                personal identifying information—may                     33 CFR Part 165                                          The purpose of this rulemaking is to
                                                be made publicly available at any time.                  [Docket Number USCG–2018–0683]                        enhance the safety of vessels and racers
                                                While you can ask us in your comment                                                                           on the navigable waters within the
                                                to withhold your personal identifying                    RIN 1625–AA00
                                                                                                                                                               designated safety zone before, during,
                                                information from public review, we                                                                             and after the scheduled event. The Coast
                                                                                                         Safety Zone; Great Lakes Offshore
                                                cannot guarantee that we will be able to                                                                       Guard proposes this rulemaking under
                                                                                                         Grand Prix; Lake Erie, Dunkirk, NY
                                                do so.                                                                                                         authority 33 U.S.C. 1231.
                                                                                                         AGENCY:   Coast Guard, DHS.
                                                N. E.O. 13771: Reducing Regulation and                                                                         III. Discussion of Proposed Rule
                                                Controlling Regulatory Costs                             ACTION:   Notice of proposed rulemaking.
                                                                                                                                                                  The COTP proposes to establish a
                                                  This action is not an E.O. 13771                       SUMMARY:   The Coast Guard proposes to                temporary safety zone enforced
                                                regulatory action because it imposes no                  establish a temporary safety zone for                 intermittently, from 10:00 a.m. until
                                                more than de minimis costs.                              certain waters of Dunkirk Harbor, Lake                5:00 p.m. on August 19, 2018 with a
                                                                                                         Erie, Dunkirk, NY during the Great                    rain date of August 18, 2018. The safety
                                                List of Subjects in 25 CFR Part 169                      Lakes Offshore Grand Prix. This                       zone will encompass all navigable
                                                  Indians-lands, Reporting and                           proposed rulemaking would prohibit                    waters of Lake Erie, Dunkirk, NY
                                                recordkeeping requirements, Rights-of-                   persons and vessels from being in the                 starting at position 42°29′37.7″ N,
                                                way.                                                     safety zone unless authorized by the                  079°21′17.7″ W then Northwest to
                                                  For the reasons stated in the                          Captain of the Port Buffalo or a                      42°29′45.2″ N, 079°21′28.2″ W then
                                                preamble, the Department of the                          designated representative. We invite                  Northeast to 42°30′15.0″ N, 079°21′20.0″
                                                Interior, Bureau of Indian Affairs,                      your comments on this proposed                        W then Northeast to 42°30′39.0″ N,
                                                proposes to amend 25 CFR part 169 as                     rulemaking.                                           079°19′46.0″ W then Southeast to
                                                follows:                                                 DATES: Comments and related material                  42°30′09.3″ N, 079°19′03.1″ W. The
                                                                                                         must be received by the Coast Guard on                duration of the zone is intended to
                                                PART 169—RIGHTS-OF-WAY OVER                                                                                    enhance the safety of vessels and these
                                                                                                         or before August 7, 2018.
                                                INDIAN LAND                                                                                                    navigable waters before, during, and
                                                                                                         ADDRESSES: You may submit comments
                                                                                                                                                               after the scheduled 10:00 a.m. until 5:00
                                                ■ 1. The authority citation for part 169                 identified by docket number USCG–
                                                                                                                                                               p.m. boat races. No vessel or person
                                                continues to read as follows:                            2018–0683 using the Federal
                                                                                                                                                               would be permitted to enter the safety
                                                  Authority: 5 U.S.C. 301; 25 U.S.C. 323–
                                                                                                         eRulemaking Portal at http://
                                                                                                                                                               zone without obtaining permission from
                                                328; 25 U.S.C. 2201 et seq.                              www.regulations.gov. See the ‘‘Public
                                                                                                                                                               the COTP or a designated
                                                                                                         Participation and Request for
                                                ■ 2. Amend § 169.103 by adding                                                                                 representative. The regulatory text we
                                                                                                         Comments’’ portion of the
                                                paragraph (k) to read as follows:                                                                              are proposing appears at the end of this
                                                                                                         SUPPLEMENTARY INFORMATION section for
                                                                                                                                                               document.
                                                § 169.103 What bonds, insurance, or other                further instructions on submitting
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                                                security must accompany the application?                 comments.                                             IV. Regulatory Analyses
                                                *     *     *      *     *                               FOR FURTHER INFORMATION CONTACT: If                     We developed this proposed rule after
                                                  (k) The requirements of this section                   you have questions about this proposed                considering numerous statutes and
                                                do not apply to Federal, State, Tribal, or               rulemaking, call or email LCDR Michael                Executive orders related to rulemaking.
                                                local governments who are prohibited                     Collet, Chief of Waterways Management,                Below we summarize our analyses
                                                by law from providing a bond,                            U.S. Coast Guard Sector Buffalo;                      based on a number of these statutes and
                                                insurance, or other security. Federal,                   telephone 716–843–9322, email D09-                    Executive orders and we discuss First
                                                State, Tribal, or local governments                      SMB-SECBuffalo-WWM@uscg.mil.                          Amendment rights of protestors.


                                           VerDate Sep<11>2014   16:31 Jul 20, 2018   Jkt 244001   PO 00000   Frm 00010   Fmt 4702   Sfmt 4702   E:\FR\FM\23JYP1.SGM   23JYP1


                                                                          Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules                                            34805

                                                A. Regulatory Planning and Review                        rule would affect your small business,                F. Environment
                                                   Executive Orders 12866 and 13563                      organization, or governmental                           We have analyzed this proposed rule
                                                direct agencies to assess the costs and                  jurisdiction and you have questions                   under Department of Homeland
                                                benefits of available regulatory                         concerning its provisions or options for              Security Directive 023–01 and
                                                alternatives and, if regulation is                       compliance, please contact the person                 Commandant Instruction M16475.1D,
                                                necessary, to select regulatory                          listed in the FOR FURTHER INFORMATION                 which guide the Coast Guard in
                                                approaches that maximize net benefits.                   CONTACT section. The Coast Guard will                 complying with the National
                                                Executive Order 13771 directs agencies                   not retaliate against small entities that             Environmental Policy Act of 1969 (42
                                                to control regulatory costs through a                    question or complain about this                       U.S.C. 4321–4370f), and have made a
                                                budgeting process. This NPRM has not                     proposed rule or any policy or action of              preliminary determination that this
                                                been designated a ‘‘significant                          the Coast Guard.                                      action is one of a category of actions that
                                                regulatory action,’’ under Executive                     C. Collection of Information                          do not individually or cumulatively
                                                Order 12866. Accordingly, the NPRM                                                                             have a significant effect on the human
                                                has not been reviewed by the Office of                     This proposed rule would not call for               environment. This proposed rule
                                                Management and Budget (OMB), and                         a new collection of information under                 involves establishing a safety zone
                                                pursuant to OMB guidance it is exempt                    the Paperwork Reduction Act of 1995                   lasting 7 hours that would prohibit
                                                from the requirements of Executive                       (44 U.S.C. 3501–3520).                                entry into all waters inside of Lake Erie,
                                                Order 13771.                                                                                                   Dunkirk, NY starting at position
                                                   This regulatory action determination                  D. Federalism and Indian Tribal                       42°29′37.7″ N, 079°21′17.7″ W then
                                                is based on the size, location, duration,                Governments                                           Northwest to 42°29′45.2″ N,
                                                and time-of-day of the safety zone.                                                                            079°21′28.2″ W then Northeast to
                                                                                                            A rule has implications for federalism
                                                Vessel traffic would not be able to safely                                                                     42°30′15.0″ N, 079°21′20.0″ W then
                                                                                                         under Executive Order 13132,
                                                transit around this safety zone, which                                                                         Northeast to 42°30′39.0″ N, 079°19′46.0″
                                                would impact a small designated area of                  Federalism, if it has a substantial direct
                                                                                                                                                               W then Southeast to 42°30′09.3″ N,
                                                Lake Erie. However, the Coast Guard                      effect on the States, on the relationship
                                                                                                                                                               079°19′03.1″ W. Normally such actions
                                                would issue a Broadcast Notice to                        between the national government and                   are categorically excluded from further
                                                Mariners via VHF–FM marine channel                       the States, or on the distribution of                 review under paragraph L60(a) of
                                                16 about the zone, and the rule would                    power and responsibilities among the                  Appendix A, Table 1 of DHS Instruction
                                                allow vessels to seek permission to enter                various levels of government. We have                 Manual 023–01–001–01, Rev. 01. A
                                                the zone.                                                analyzed this proposed rule under that                preliminary Record of Environmental
                                                                                                         Order and have determined that it is                  Consideration (REC) supporting this
                                                B. Impact on Small Entities                              consistent with the fundamental                       determination is available in the docket
                                                   The Regulatory Flexibility Act of                     federalism principles and preemption                  where indicated under ADDRESSES. We
                                                1980, 5 U.S.C. 601–612, as amended,                      requirements described in Executive                   seek any comments or information that
                                                requires Federal agencies to consider                    Order 13132.                                          may lead to the discovery of a
                                                the potential impact of regulations on                      Also, this proposed rule does not have             significant environmental impact from
                                                small entities during rulemaking. The                    tribal implications under Executive                   this proposed rule.
                                                term ‘‘small entities’’ comprises small                  Order 13175, Consultation and
                                                businesses, not-for-profit organizations                                                                       G. Protest Activities
                                                                                                         Coordination with Indian Tribal
                                                that are independently owned and                         Governments, because it would not have                  The Coast Guard respects the First
                                                operated and are not dominant in their                   a substantial direct effect on one or                 Amendment rights of protesters.
                                                fields, and governmental jurisdictions                   more Indian tribes, on the relationship               Protesters are asked to contact the
                                                with populations of less than 50,000.                    between the Federal Government and                    person listed in the FOR FURTHER
                                                The Coast Guard certifies under 5 U.S.C.                 Indian tribes, or on the distribution of              INFORMATION CONTACT section to
                                                605(b) that this proposed rule would not                 power and responsibilities between the                coordinate protest activities so that your
                                                have a significant economic impact on                    Federal Government and Indian tribes.                 message can be received without
                                                a substantial number of small entities.                  If you believe this proposed rule has                 jeopardizing the safety or security of
                                                   While some owners or operators of                                                                           people, places, or vessels.
                                                                                                         implications for federalism or Indian
                                                vessels intending to transit the safety
                                                                                                         tribes, please contact the person listed              V. Public Participation and Request for
                                                zone may be small entities, for the
                                                                                                         in the FOR FURTHER INFORMATION                        Comments
                                                reasons stated in section IV.A above,
                                                                                                         CONTACT section.
                                                this proposed rule would not have a                                                                              We view public participation as
                                                significant economic impact on any                       E. Unfunded Mandates Reform Act                       essential to effective rulemaking, and
                                                vessel owner or operator.                                                                                      will consider all comments and material
                                                   If you think that your business,                         The Unfunded Mandates Reform Act                   received during the comment period.
                                                organization, or governmental                            of 1995 (2 U.S.C. 1531–1538) requires                 Your comment can help shape the
                                                jurisdiction qualifies as a small entity                 Federal agencies to assess the effects of             outcome of this rulemaking. If you
                                                and that this rule would have a                          their discretionary regulatory actions. In            submit a comment, please include the
                                                significant economic impact on it,                       particular, the Act addresses actions                 docket number for this rulemaking,
                                                please submit a comment (see                             that may result in the expenditure by a               indicate the specific section of this
amozie on DSK3GDR082PROD with PROPOSALS1




                                                ADDRESSES) explaining why you think it                   State, local, or tribal government, in the            document to which each comment
                                                qualifies and how and to what degree                     aggregate, or by the private sector of                applies, and provide a reason for each
                                                this rule would economically affect it.                  $100,000,000 (adjusted for inflation) or              suggestion or recommendation.
                                                   Under section 213(a) of the Small                     more in any one year. Though this                       We encourage you to submit
                                                Business Regulatory Enforcement                          proposed rule would not result in such                comments through the Federal
                                                Fairness Act of 1996 (Pub. L. 104–121),                  an expenditure, we do discuss the                     eRulemaking Portal at http://
                                                we want to assist small entities in                      effects of this rule elsewhere in this                www.regulations.gov. If your material
                                                understanding this proposed rule. If the                 preamble.                                             cannot be submitted using http://


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                                                34806                     Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules

                                                www.regulations.gov, contact the person                    (2) This safety zone is closed to all               FOR FURTHER INFORMATION CONTACT:
                                                in the FOR FURTHER INFORMATION                           vessel traffic, except as may be                      Lizbeth Dobbins at (202) 268–3789 or
                                                CONTACT section of this document for                     permitted by the Captain of the Port                  Garry Rodriguez at (202) 268–7261.
                                                alternate instructions.                                  Buffalo or his designated on-scene                    SUPPLEMENTARY INFORMATION:
                                                   We accept anonymous comments. All                     representative.
                                                comments received will be posted                           (3) The ‘‘on-scene representative’’ of              Background
                                                without change to http://                                the Captain of the Port Buffalo is any                   On March 2, 2012, the Postal Service
                                                www.regulations.gov and will include                     Coast Guard commissioned, warrant or                  published a proposed rule in the
                                                any personal information you have                        petty officer who has been designated                 Federal Register (77 FR 12764–12769)
                                                provided. For more about privacy and                     by the Captain of the Port Buffalo to act             to discontinue automation price
                                                the docket, visit http://                                on his behalf.                                        eligibility for POSTNET barcodes. This
                                                www.regulations.gov/privacyNotice.                         (4) Vessel operators desiring to enter              was followed by publication of a final
                                                   Documents mentioned in this NPRM                      or operate within the safety zone must                rule in the Federal Register (77 FR
                                                as being available in the docket, and all                contact the Captain of the Port Buffalo               26185–26191) on May 3, 2012.
                                                public comments, will be in our online                   or his on-scene representative to obtain                 Effective January 27, 2013, the Postal
                                                docket at http://www.regulations.gov                     permission to do so. The Captain of the               Service revised the DMM throughout
                                                and can be viewed by following that                      Port Buffalo or his on-scene                          various sections to discontinue
                                                website’s instructions. Additionally, if                 representative may be contacted via                   automation price eligibility based on the
                                                you go to the online docket and sign up                  VHF Channel 16. Vessel operators given                use of POSTNET barcodes on all types
                                                for email alerts, you will be notified                   permission to enter or operate in the                 of mail. However, while the use of the
                                                when comments are posted or a final                      safety zone must comply with all                      POSTNET barcode was discontinued for
                                                rule is published.                                       directions given to them by the Captain               price eligibility, the Postal Service
                                                                                                         of the Port Buffalo, or his on-scene                  continued to allow the use of the
                                                List of Subjects in 33 CFR Part 165                                                                            POSTNET barcode to qualify for certain
                                                                                                         representative.
                                                  Harbors, Marine safety, Navigation                                                                           Business Reply Mail® prices and in
                                                (water), Reporting and recordkeeping                       Dated: July 17, 2018.                               other circumstances. The DMM
                                                requirements, Security measures,                         Joseph S. Dufresne,                                   therefore retained language referring to
                                                Waterways.                                               Captain, U.S. Coast Guard, Captain of the             POSTNET barcodes.
                                                                                                         Port Buffalo.
                                                  For the reasons discussed in the                                                                             Proposal
                                                preamble, the Coast Guard proposes to                    [FR Doc. 2018–15672 Filed 7–20–18; 8:45 am]
                                                                                                                                                                 As a result, after discussion with the
                                                amend 33 CFR part 165 as follows:                        BILLING CODE 9110–04–P
                                                                                                                                                               mailing industry the Postal Service is
                                                PART 165—REGULATED NAVIGATION                                                                                  proposing to remove all references to
                                                AREAS AND LIMITED ACCESS AREAS                                                                                 the POSTNET barcode from the DMM.
                                                                                                         POSTAL SERVICE                                        This decision was based on the limited
                                                ■ 1. The authority citation for part 165                                                                       use of the POSTNET barcode and the
                                                continues to read as follows:                            39 CFR Part 111                                       need to simplify the standards in
                                                  Authority: Authority: 33 U.S.C. 1231; 50
                                                                                                                                                               regards to barcoding letter-size and flat-
                                                                                                         POSTNET Barcode                                       size mailpieces.
                                                U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,
                                                and 160.5; Department of Homeland Security                                                                       The Postal Service will continue to
                                                                                                         AGENCY:    Postal ServiceTM.
                                                Delegation No. 0170.1.                                                                                         process mailpieces with a POSTNET
                                                                                                         ACTION:   Proposed rule.                              barcode to accommodate customers who
                                                ■ 2. Add § 165.T09–0683 to read as                                                                             may have preprinted stock bearing a
                                                follows:                                                 SUMMARY:   The Postal Service is
                                                                                                                                                               POSTNET barcode.
                                                                                                         proposing an amendment of the Mailing                   Although exempt from the notice and
                                                § 165.T09–0683 Safety Zone; Great Lakes                  Standards of the United States Postal
                                                Offshore Grand Prix; Lake Erie, Dunkirk,                                                                       comment requirements of the
                                                                                                         Service, Domestic Mail Manual,                        Administrative Procedure Act (5 U.S.C.
                                                NY.
                                                                                                         (DMM®) to remove all references to the                553(b), (c)) regarding proposed
                                                   (a) Location. The safety zone will                    POSTNETTM barcode.
                                                encompass all waters of Lake Erie,                                                                             rulemaking by 39 U.S.C. 410(a), the
                                                                                                         DATES: Submit comments on or before                   Postal Service invites public comments
                                                Dunkirk,
                                                   NY starting at position 42°29′37.7″ N,                August 22, 2018.                                      on the following proposed revisions to
                                                079°21′17.7″ W then Northwest to                         ADDRESSES: Mail or deliver written                    Mailing Standards of the United States
                                                42°29′45.2″ N, 079°21′28.2″ W then                       comments to the manager, Product                      Postal Service, Domestic Mail Manual
                                                Northeast to 42°30′15.0″ N, 079°21′20.0″                 Classification, U.S. Postal Service, 475              (DMM), incorporated by reference in the
                                                W then Northeast to 42°30′39.0″ N,                       L’Enfant Plaza SW, Room 4446,                         Code of Federal Regulations. See 39 CFR
                                                079°19′46.0″ W then Southeast to                         Washington, DC 20260–5015. If sending                 111.1.
                                                42°30′09.3″ N, 079°19′03.1″ W.                           comments by email, include the name                     We will publish an appropriate
                                                   (b) Enforcement Period. This rule is                  and address of the commenter and send                 amendment to 39 CFR part 111 to reflect
                                                effective from 10:00 a.m. until 5:00 p.m.                to ProductClassification@usps.gov, with               these changes.
                                                on August 19, 2018 with a rain date of                   a subject line of ‘‘POSTNET.’’ Faxed                    Accordingly, 39 CFR part 111 is
                                                August 18, 2018.                                         comments are not accepted.                            proposed to be amended as follows:
amozie on DSK3GDR082PROD with PROPOSALS1




                                                   (c) Regulations.                                         You may inspect and photocopy all                  List of Subjects in 39 CFR Part 111
                                                   (1) In accordance with the general                    written comments, by appointment
                                                                                                                                                                 Administrative practice and
                                                regulations in § 165.23 of this part, entry              only, at USPS® Headquarters Library,
                                                                                                                                                               procedure, Postal Service.
                                                into, transiting, or anchoring within this               475 L’Enfant Plaza SW, 11th Floor
                                                safety zone is prohibited unless                         North, Washington, DC, 20260. These                   PART 111—[AMENDED]
                                                authorized by the Captain of the Port                    records are available for review on
                                                Buffalo or his designated on-scene                       Monday through Friday, 9 a.m.–4 p.m.,                 ■ 1. The authority citation for 39 CFR
                                                representative.                                          by calling 202–268–2906.                              part 111 continues to read as follows:


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Document Created: 2018-07-21 00:48:47
Document Modified: 2018-07-21 00:48:47
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before August 7, 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 34804 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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