83 FR 36432 - Safety Zones; Annual Events in the Captain of the Port Buffalo Zone-August and September Events

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 146 (July 30, 2018)

Page Range		36432-36433
FR Document		2018-16191

The Coast Guard will enforce certain safety zones located in Federal regulations for recurring marine events. This action is necessary and intended for the safety of life and property on navigable waters during these events. During each enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo.

Federal Register, Volume 83 Issue 146 (Monday, July 30, 2018)

[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Rules and Regulations]
[Pages 36432-36433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16191]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0661]


Safety Zones; Annual Events in the Captain of the Port Buffalo 
Zone--August and September Events

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce certain safety zones located in 
Federal regulations for recurring marine events. This action is 
necessary and intended for the safety of life and property on navigable 
waters during these events. During each enforcement period, no person 
or vessel may enter the respective safety zone without the permission 
of the Captain of the Port Buffalo.

DATES: The regulations in 33 CFR 165.939 will be enforced during the 
month of August and September as noted in the SUPPLEMENTARY INFORMATION 
section below.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email LTJG Sean Dolan, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9322, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety 
Zones; Annual Events in the Captain of the Port Buffalo Zone listed in 
33 CFR 165.939 for the following events:

[[Page 36433]]

    (1) Thunder on the Niagara Hydroplane Boat Races, North Tonawanda, 
NY; The safety zone listed in 33 CFR 165.939(c)(4) will be enforced 
from 9 a.m. to 6 p.m. on August 4, 2018, until August 5, 2018.
    (2) D-Day Conneaut, Conneaut, OH; The safety zone listed in 33 CFR 
165.939(c)(2) will be enforced from 9 a.m. to 5 p.m. on August 17, 
2018, until August 18, 2018.
    (3) Madison Township Light up the Park, Madison, OH; The safety 
zone listed in 33 CFR 165.939(d)(1) will be enforced from 9:15 p.m. to 
10:15 p.m. on September 2, 2018.
    (4) Cleveland National Air Show, Cleveland, OH; The safety zone 
listed in 33 CFR 165.939(d)(2) will be enforced daily from 9 a.m. to 6 
p.m. August 30--September 3, 2018.
    (5) Head of the Cuyahoga, Cleveland, OH; The safety zone listed in 
33 CFR 165.939(d)(3) will be enforced from 6:45 a.m. to 4:15 p.m. on 
September 15, 2018.
    Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring 
within the safety zone during an enforcement period is prohibited 
unless authorized by the Captain of the Port Buffalo or his designated 
representative. Those seeking permission to enter the safety zone may 
request permission from the Captain of Port Buffalo via channel 16, 
VHF-FM. Vessels and persons granted permission to enter the safety zone 
shall obey the directions of the Captain of the Port Buffalo or his 
designated representative. While within a safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course.
    This notice of enforcement is issued under authority of 33 CFR 
165.939 and 5 U.S.C. 552(a). In addition to this notice of enforcement 
in the Federal Register, the Coast Guard will provide the maritime 
community with advance notification of this enforcement period via 
Broadcast Notice to Mariners or Local Notice to Mariners. If the 
Captain of the Port Buffalo determines that the safety zone need not be 
enforced for the full duration stated in this notice he or she may use 
a Broadcast Notice to Mariners to grant general permission to enter the 
respective safety zone.

    Dated: July 25, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-16191 Filed 7-27-18; 8:45 am]
 BILLING CODE 9110-04-P

36432 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations

Coast Guard will not retaliate against significant effect on the human or a Federal, State, or local law
small entities that question or complain environment. This rule involves a 30 enforcement officer designated by or
about this rule or any policy or action minute safety zone that will prohibit assisting the Captain of the Port Detroit
of the Coast Guard. entry into a designated area. It is to act on his behalf.
categorically excluded from further (4) Vessel operators shall contact the
C. Collection of Information
review under paragraph L60(a) of COTP or his on-scene representative to
This rule will not call for a new Appendix A, Table 1 of DHS Instruction obtain permission to enter or operate
collection of information under the Manual 023–01–001–01, Rev. 01. A within the safety zone. The COTP or his
Paperwork Reduction Act of 1995 (44 Record of Environmental Consideration on-scene representative may be
U.S.C. 3501–3520). supporting this determination is contacted via VHF Channel 16 or at
D. Federalism and Indian Tribal available in the docket where indicated (313) 568–9464. Vessel operators given
Governments under ADDRESSES. permission to enter or operate in the
regulated area must comply with all
A rule has implications for federalism G. Protest Activities
directions given to them by the COTP or
under Executive Order 13132, The Coast Guard respects the First his on-scene representative.
Federalism, if it has a substantial direct Amendment rights of protesters.
effect on the States, on the relationship Dated: July 24, 2018.
Protesters are asked to contact the
between the national government and Jeffrey W. Novak,
person listed in the FOR FURTHER
the States, or on the distribution of INFORMATION CONTACT section to Captain, U.S. Coast Guard, Captain of the
power and responsibilities among the Port Detroit.
coordinate protest activities so that your
various levels of government. We have message can be received without [FR Doc. 2018–16208 Filed 7–27–18; 8:45 am]
analyzed this rule under that Order and jeopardizing the safety or security of BILLING CODE 9110–04–P
have determined that it is consistent people, places or vessels.
with the fundamental federalism
principles and preemption requirements List of Subjects in 33 CFR Part 165 DEPARTMENT OF HOMELAND
described in Executive Order 13132. Harbors, Marine safety, Navigation SECURITY
Also, this rule does not have tribal (water), Reporting and recordkeeping
implications under Executive Order Coast Guard
requirements, Security measures,
13175, Consultation and Coordination Waterways.
with Indian Tribal Governments, 33 CFR Part 165
For the reasons discussed in the
because it does not have a substantial preamble, the Coast Guard amends 33 [Docket No. USCG–2018–0661]
direct effect on one or more Indian CFR part 165 as follows:
tribes, on the relationship between the Safety Zones; Annual Events in the
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION Captain of the Port Buffalo Zone—
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS August and September Events
responsibilities between the Federal
Government and Indian tribes. If you ■ 1. The authority citation for part 165 AGENCY: Coast Guard, DHS.
believe this rule has implications for continues to read as follows: ACTION: Notice of enforcement of
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; regulation.
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation SUMMARY: The Coast Guard will enforce
above. No. 0170.1. certain safety zones located in Federal
■ 2. Add § 165.T09–0717 to read as regulations for recurring marine events.
E. Unfunded Mandates Reform Act This action is necessary and intended
follows:
The Unfunded Mandates Reform Act for the safety of life and property on
of 1995 (2 U.S.C. 1531–1538) requires § 165.T09–0717 Safety Zone; Waterview navigable waters during these events.
Federal agencies to assess the effects of Loft Fireworks I, Detroit River, Detroit, MI. During each enforcement period, no
their discretionary regulatory actions. In (a) Location. A safety zone is person or vessel may enter the
particular, the Act addresses actions established to include all U.S. navigable respective safety zone without the
that may result in the expenditure by a waters of the Detroit River, Detroit, MI, permission of the Captain of the Port
State, local, or tribal government, in the within a 350-foot radius of position Buffalo.
aggregate, or by the private sector of 42°19.529′ N 083°02.436′ W (NAD 83). DATES: The regulations in 33 CFR
$100,000,000 (adjusted for inflation) or (b) Enforcement period. The regulated 165.939 will be enforced during the
more in any one year. Though this rule area described in paragraph (a) will be month of August and September as
will not result in such an expenditure, enforced from 9:30 p.m. through 10 p.m. noted in the SUPPLEMENTARY
we do discuss the effects of this rule on August 14, 2018. INFORMATION section below.
elsewhere in this preamble. (c) Regulations.
(1) No vessel or person may enter, FOR FURTHER INFORMATION CONTACT: If
F. Environment transit through, or anchor within the you have questions about this notice of
We have analyzed this rule under safety zone unless authorized by the enforcement, call or email LTJG Sean
Department of Homeland Security Captain of the Port Detroit (COTP), or Dolan, Chief of Waterways Management,
Directive 023–01 and Commandant his on-scene representative. U.S. Coast Guard Sector Buffalo;
Instruction M16475.1D, which guide the telephone 716–843–9322, email D09-
daltland on DSKBBV9HB2PROD with RULES

(2) The safety zone is closed to all
Coast Guard in complying with the vessel traffic, except as may be SMB-SECBuffalo-WWM@uscg.mil.
National Environmental Policy Act of permitted by the COTP or his on-scene SUPPLEMENTARY INFORMATION: The Coast
1969 (42 U.S.C. 4321–4370f), and have representative. Guard will enforce the Safety Zones;
determined that this action is one of a (3) The ‘‘on-scene representative’’ of Annual Events in the Captain of the Port
category of actions that do not COTP is any Coast Guard Buffalo Zone listed in 33 CFR 165.939
individually or cumulatively have a commissioned, warrant or petty officer for the following events:

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Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 36433

(1) Thunder on the Niagara ENVIRONMENTAL PROTECTION Water Resources (IDWR), formally
Hydroplane Boat Races, North AGENCY requesting that the EPA transfer and
Tonawanda, NY; The safety zone listed directly implement the Class II UIC
in 33 CFR 165.939(c)(4) will be enforced 40 CFR Part 147 program in Idaho, pursuant to the Code
from 9 a.m. to 6 p.m. on August 4, 2018, [EPA–HQ–OW–2017–0584; FRL–9981–56– of Federal Regulations (CFR) at 40 CFR
until August 5, 2018. OW] 145.34(a). Class II injection wells inject
fluids (1) that are brought to the surface
(2) D-Day Conneaut, Conneaut, OH;
State of Idaho Voluntary Transfer of in connection with natural gas storage,
The safety zone listed in 33 CFR or oil or natural gas production; or (2)
Primacy of the Class II Underground
165.939(c)(2) will be enforced from 9 for the purpose of enhanced oil or
Injection Control Program to the
a.m. to 5 p.m. on August 17, 2018, until natural gas recovery; or (3) for the
Environmental Protection Agency
August 18, 2018. storage of hydrocarbons, which are
(3) Madison Township Light up the AGENCY: Environmental Protection liquid at standard temperature and
Park, Madison, OH; The safety zone Agency (EPA). pressure. Idaho received primary
listed in 33 CFR 165.939(d)(1) will be ACTION: Final rule. implementation and enforcement
enforced from 9:15 p.m. to 10:15 p.m. authority (primacy) for Class I, II, III, IV,
SUMMARY: The Environmental Protection and V injection wells under the Safe
on September 2, 2018. Agency (EPA) is issuing a final rule to Drinking Water Act, section 1422, on
(4) Cleveland National Air Show, amend its Underground Injection July 22, 1985. Idaho has since
Cleveland, OH; The safety zone listed in Control (UIC) regulations to reflect the maintained primacy for these injection
33 CFR 165.939(d)(2) will be enforced transfer of the state of Idaho’s UIC well classes.
daily from 9 a.m. to 6 p.m. August 30— program for Class II injection wells from The voluntary transfer of authority for
September 3, 2018. Idaho to the EPA. Idaho submitted a the UIC Class II program to the EPA will
(5) Head of the Cuyahoga, Cleveland, formal request that the EPA transfer and allow the EPA to issue Class II permits
OH; The safety zone listed in 33 CFR directly implement the Class II UIC in Idaho. The EPA will be responsible
165.939(d)(3) will be enforced from 6:45 Program. Idaho will maintain primacy for the direct implementation of the
a.m. to 4:15 p.m. on September 15, for Class I, III, IV, and V injection wells Class II underground injection control
pursuant to their program approved by program in Idaho, including permitting,
2018.
the EPA in 1985. compliance, and enforcement
Pursuant to 33 CFR 165.23, entry into, DATES: This rule is effective July 30, responsibilities, pursuant to the SDWA
transiting, or anchoring within the 2018. For judicial purposes, this final and federal UIC regulations.
safety zone during an enforcement rule is promulgated as of July 30, 2018. On November 27, 2017, the EPA
period is prohibited unless authorized published a Federal Register proposed
ADDRESSES: The EPA has established a
by the Captain of the Port Buffalo or his docket for this action under Docket ID rule (82 FR 55968), providing notice of
designated representative. Those No. EPA–HQ–OW–2017–0584. All the transfer of Idaho’s UIC program for
seeking permission to enter the safety documents in the docket are listed on Class II injection wells from Idaho to the
zone may request permission from the the http://www.regulations.gov website. EPA and concurrently issuing a
Captain of Port Buffalo via channel 16, Although listed in the index, some proposed rule to amend EPA’s UIC
VHF–FM. Vessels and persons granted information is not publicly available, regulations to reflect such transfer. The
permission to enter the safety zone shall e.g., CBI or other information whose EPA stated that if requested, a public
obey the directions of the Captain of the disclosure is restricted by statute. hearing would be held. After receiving
Port Buffalo or his designated Certain other material, such as multiple hearing requests, the EPA held
representative. While within a safety copyrighted material, is not placed on the public hearing on January 8, 2018,
zone, all vessels shall operate at the the internet and will be publicly in the city of Boise, Idaho, as detailed
minimum speed necessary to maintain a available only in hard copy form. in the proposed rule. At the public
safe course. Publicly available docket materials are hearing, and during the 45-day
available electronically through http:// comment period, which ended on
This notice of enforcement is issued January 11, 2018, the EPA received 414
under authority of 33 CFR 165.939 and www.regulations.gov.
comments from 387 individual
5 U.S.C. 552(a). In addition to this FOR FURTHER INFORMATION CONTACT: commenters. The EPA has reviewed all
notice of enforcement in the Federal Colin Dyroff, Drinking Water Protection public testimony and comments on the
Register, the Coast Guard will provide Division, Office of Ground Water and proposed rule and has determined that
the maritime community with advance Drinking Water (4606M), U.S. the revisions to 40 CFR part 147 will be
notification of this enforcement period Environmental Protection Agency, 1200 finalized in this rule as originally
via Broadcast Notice to Mariners or Pennsylvania Ave. NW, Washington, DC proposed.
Local Notice to Mariners. If the Captain 20460; telephone number: (202) 564–
of the Port Buffalo determines that the 3149; fax number: (202) 564–3754; II. Legal Authorities
safety zone need not be enforced for the email address: dyroff.colin@epa.gov; or A state with an approved primacy
full duration stated in this notice he or Evan Osborne, U.S. Environmental program may voluntarily transfer UIC
she may use a Broadcast Notice to Protection Agency, Region 10, 1200 6th program responsibilities to the EPA,
Mariners to grant general permission to Ave., OCE–101, Seattle, Washington pursuant to 40 CFR 145.34(a). The
enter the respective safety zone. 98101; telephone number: (206) 553– regulations require that the EPA provide
1747; fax number: (206) 553–1762; notice of such transfer in the Federal
daltland on DSKBBV9HB2PROD with RULES

Dated: July 25, 2018.
email address: osborne.evan@epa.gov. Register at least 30 days before the
Joseph S. Dufresne, transfer is to occur. 40 CFR 145.34(a)(3).
SUPPLEMENTARY INFORMATION:
Captain, U.S. Coast Guard, Captain of the The EPA published a Federal Register
Port Buffalo. I. Why is the EPA taking this action? proposed rule (82 FR 55968) on
[FR Doc. 2018–16191 Filed 7–27–18; 8:45 am] On August 25, 2017, the EPA received November 27, 2017, containing that
BILLING CODE 9110–04–P a letter from the Idaho Department of notice. The regulations do not provide

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Document Created: 2018-07-28 01:43:58
Document Modified: 2018-07-28 01:43:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notice of enforcement of regulation.
Dates		The regulations in 33 CFR 165.939 will be enforced during the month of August and September as noted in the SUPPLEMENTARY INFORMATION section below.
Contact		If you have questions about this notice of enforcement, call or email LTJG Sean Dolan, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected]
FR Citation		83 FR 36432

83 FR 36432 - Safety Zones; Annual Events in the Captain of the Port Buffalo Zone-August and September Events

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 146 (July 30, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard