83_FR_40840 83 FR 40681 - Safety Zone; Sandusky Bicentennial Fireworks, Sandusky Bay, Sandusky, OH

83 FR 40681 - Safety Zone; Sandusky Bicentennial Fireworks, Sandusky Bay, Sandusky, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range40681-40683
FR Document2018-17698

The Coast Guard is establishing a temporary safety zone on Sandusky Bay, in the vicinity of Sandusky, OH. This zone is intended to restrict vessels from portions of the Sandusky Bay for the Sandusky Bicentennial Fireworks. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port Detroit, or his designated representative. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays.

Federal Register, Volume 83 Issue 159 (Thursday, August 16, 2018)
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40681-40683]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17698]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0777]
RIN 1625-AA00


Safety Zone; Sandusky Bicentennial Fireworks, Sandusky Bay, 
Sandusky, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Sandusky Bay, in the vicinity of Sandusky, OH. This zone is intended to 
restrict vessels from portions of the Sandusky Bay for the Sandusky 
Bicentennial Fireworks. Persons and vessels are prohibited from 
entering into, transiting through, or anchoring within this safety zone 
unless authorized by the Captain of the Port Detroit, or his designated 
representative. This temporary safety zone is necessary to protect 
spectators and vessels from the hazards associated with fireworks 
displays.

DATES: This temporary final rule is effective from 8:10 p.m. through 
9:35 p.m. on August 19th, 2018.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2018-0777. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email MST1 Ryan Erpelding, Waterways 
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 
418-6037, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. The 
Coast Guard did not receive the final details of this fireworks display 
in time to publish an NPRM. As such, it is impracticable to publish an 
NPRM because we lack sufficient time to provide a reasonable comment 
period and then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Waiting for a 30-day effective 
period to run is impracticable and contrary to the public interest for 
the reasons discussed in the preceding paragraph.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Detroit (COTP) has determined that 
potential hazards associated with fireworks displays starting after 
9:10 p.m. on August 19th, 2018 will be a safety concern for anyone 
within a 420 foot radius of the launch site. The likely combination of 
recreational vessels, darkness punctuated by bright flashes of light, 
and fireworks debris falling into the water presents risks of 
collisions, which could result in serious injuries or fatalities. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 8:10 
p.m. through 9:35 p.m. on August 19, 2018. The safety zone will 
encompass all U.S. navigable waters of the Sandusky Bay within a 420 
foot radius of the fireworks launch site located at position 
41[deg]27'53.31'' N, 082[deg]42'15.85'' W with an alternate heavy wind 
location at position 41[deg]27'55.24'' N, 082[deg]42'17.86'' W. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters during the 
fireworks display. Entry into, transiting, or anchoring within the 
safety zone is prohibited unless authorized by the Captain of the Port, 
Sector Detroit or his designated representative. The Captain of the 
Port, Sector Detroit or his designated representative may be contacted 
via VHF Channel 16.

V. Regulatory Analyses

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

[[Page 40682]]

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The majority of vessel 
traffic will be able to safely transit around the safety zone, which 
will impact only a portion of the Sandusky Bay in Sandusky, OH for a 
period of 85 minutes. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting 85 minutes that will prohibit entry 
within a 420 foot radius from where a fireworks display will be 
conducted. It is categorically excluded from further review under 
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting 
this determination is available in the docket where indicated under 
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0777 to read as follows:


Sec.  165.T09-0777  Safety Zone; Sandusky Bicentennial Fireworks, 
Sandusky Bay, Sandusky, OH.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Sandusky Bay within a 420 foot radius of 
the fireworks launch site located at position 41[deg]27'53.31'' N, 
082[deg]42'15.85'' W with an alternate heavy wind location at 
41[deg]27'55.24'' N, 82[deg]42'17.86'' W. All geographic coordinates 
are North American Datum of 1983 (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 8:10

[[Page 40683]]

p.m. through 9:35 p.m. on August 19, 2018. The Captain of the Port 
Detroit, or a designated representative may suspend enforcement of the 
safety zone at any time.
    (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 
Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated 
representative.
    (3) The ``designated representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Detroit to act on his 
behalf. The designated representative of the Captain of the Port 
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Captain of the Port Detroit or his designated 
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his designated 
representative to obtain permission to do so. The COTP 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 Detroit or 
his designated representative.

    Dated: August 10, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-17698 Filed 8-15-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations                                        40681

                                              Dunkirk, NY starting at position 42°                    Sandusky Bay, in the vicinity of                      provide a reasonable comment period
                                              29′37.7″ N, 079° 21′17.7″ W then                        Sandusky, OH. This zone is intended to                and then consider those comments
                                              Northwest to 42° 29′45.2″ N, 079°                       restrict vessels from portions of the                 before issuing the rule.
                                              21′28.2″ W then Northeast to 42°                        Sandusky Bay for the Sandusky                           Under 5 U.S.C. 553(d)(3), the Coast
                                              30′15.0″ N, 079° 21′20.0″ W then                        Bicentennial Fireworks. Persons and                   Guard finds that good cause exists for
                                              Northeast to 42°30′39.0″ N, 079°                        vessels are prohibited from entering                  making this rule effective less than 30
                                              19′46.0″ W then Southeast to 42°                        into, transiting through, or anchoring                days after publication in the Federal
                                              30′09.3″ N, 079° 19′03.1″ W.                            within this safety zone unless                        Register. Waiting for a 30-day effective
                                                 (b) Enforcement period. This rule is                 authorized by the Captain of the Port                 period to run is impracticable and
                                              effective from 10:00 a.m. until 5:00 p.m.               Detroit, or his designated representative.            contrary to the public interest for the
                                              on August 19, 2018 with a rain date of                  This temporary safety zone is necessary               reasons discussed in the preceding
                                              August 18, 2018.                                        to protect spectators and vessels from                paragraph.
                                                 (c) Regulations. (1) In accordance with              the hazards associated with fireworks
                                              the general regulations in § 165.23, entry              displays.                                             III. Legal Authority and Need for Rule
                                              into, transiting, or anchoring within this                                                                       The Coast Guard is issuing this rule
                                              safety zone is prohibited unless                        DATES:  This temporary final rule is
                                                                                                      effective from 8:10 p.m. through 9:35                 under authority in 33 U.S.C. 1231. The
                                              authorized by the Captain of the Port                                                                         Captain of the Port Detroit (COTP) has
                                              Buffalo or his designated on-scene                      p.m. on August 19th, 2018.
                                                                                                                                                            determined that potential hazards
                                              representative.                                         ADDRESSES: Documents mentioned in
                                                                                                                                                            associated with fireworks displays
                                                 (2) This safety zone is closed to all                this preamble are part of docket USCG–
                                                                                                                                                            starting after 9:10 p.m. on August 19th,
                                              vessel traffic, except as may be                        2018–0777. To view documents
                                                                                                                                                            2018 will be a safety concern for anyone
                                              permitted by the Captain of the Port                    mentioned in this preamble as being
                                                                                                                                                            within a 420 foot radius of the launch
                                              Buffalo or his designated on-scene                      available in the docket, go to http://
                                                                                                                                                            site. The likely combination of
                                              representative.                                         www.regulations.gov, type the docket
                                                 (3) The ‘‘on-scene representative’’ of                                                                     recreational vessels, darkness
                                                                                                      number in the ‘‘SEARCH’’ box and click
                                              the Captain of the Port Buffalo is any                                                                        punctuated by bright flashes of light,
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket
                                              Coast Guard commissioned, warrant or                                                                          and fireworks debris falling into the
                                                                                                      Folder on the line associated with this
                                              petty officer who has been designated                                                                         water presents risks of collisions, which
                                                                                                      rulemaking.
                                              by the Captain of the Port Buffalo to act                                                                     could result in serious injuries or
                                                                                                      FOR FURTHER INFORMATION CONTACT: If                   fatalities. This rule is needed to protect
                                              on his behalf.                                          you have questions on this temporary
                                                 (4) Vessel operators desiring to enter                                                                     personnel, vessels, and the marine
                                                                                                      rule, call or email MST1 Ryan                         environment in the navigable waters
                                              or operate within the safety zone must                  Erpelding, Waterways Department,
                                              contact the Captain of the Port Buffalo                                                                       within the safety zone during the
                                                                                                      Marine Safety Unit Toledo, Coast Guard;               fireworks display.
                                              or his on-scene representative to obtain                telephone (419) 418–6037, email
                                              permission to do so. The Captain of the                 Ryan.G.Erpelding@uscg.mil.                            IV. Discussion of the Rule
                                              Port Buffalo or his on-scene
                                              representative may be contacted via                     SUPPLEMENTARY INFORMATION:                              This rule establishes a safety zone that
                                              VHF Channel 16. Vessel operators given                  I. Table of Abbreviations                             will be enforced from 8:10 p.m. through
                                              permission to enter or operate in the                                                                         9:35 p.m. on August 19, 2018. The
                                                                                                      CFR Code of Federal Regulations                       safety zone will encompass all U.S.
                                              safety zone must comply with all
                                                                                                      DHS Department of Homeland Security                   navigable waters of the Sandusky Bay
                                              directions given to them by the Captain                 FR Federal Register
                                              of the Port Buffalo, or his on-scene                    NPRM Notice of proposed rulemaking
                                                                                                                                                            within a 420 foot radius of the fireworks
                                              representative.                                         § Section                                             launch site located at position
                                                Dated: August 13, 2018.                               U.S.C. United States Code                             41°27′53.31″ N, 082°42′15.85″ W with
                                                                                                                                                            an alternate heavy wind location at
                                              Kenneth E. Blair,                                       II. Background Information and                        position 41°27′55.24″ N, 082°42′17.86″
                                              Commander, U.S. Coast Guard, Acting                     Regulatory History                                    W. All geographic coordinates are North
                                              Captain of the Port Buffalo.
                                                                                                         The Coast Guard is issuing this                    American Datum of 1983 (NAD 83).
                                              [FR Doc. 2018–17697 Filed 8–15–18; 8:45 am]
                                                                                                      temporary final rule without prior                      The duration of the zone is intended
                                              BILLING CODE 9110–04–P
                                                                                                      notice and opportunity to comment                     to protect personnel, vessels, and the
                                                                                                      pursuant to authority under section 4(a)              marine environment in these navigable
                                              DEPARTMENT OF HOMELAND                                  of the Administrative Procedure Act                   waters during the fireworks display.
                                              SECURITY                                                (APA) (5 U.S.C. 553(b)). This provision               Entry into, transiting, or anchoring
                                                                                                      authorizes an agency to issue a rule                  within the safety zone is prohibited
                                              Coast Guard                                             without prior notice and opportunity to               unless authorized by the Captain of the
                                                                                                      comment when the agency for good                      Port, Sector Detroit or his designated
                                              33 CFR Part 165                                         cause finds that those procedures are                 representative. The Captain of the Port,
                                                                                                      ‘‘impracticable, unnecessary, or contrary             Sector Detroit or his designated
                                              [Docket No. USCG–2018–0777]
                                                                                                      to the public interest.’’ Under 5 U.S.C.              representative may be contacted via
                                              RIN 1625–AA00                                           553(b)(B), the Coast Guard finds that                 VHF Channel 16.
                                                                                                      good cause exists for not publishing a
                                              Safety Zone; Sandusky Bicentennial                                                                            V. Regulatory Analyses
                                                                                                      notice of proposed rulemaking (NPRM)
sradovich on DSK3GMQ082PROD with RULES




                                              Fireworks, Sandusky Bay, Sandusky,                      with respect to this rule because doing                 We developed this rule after
                                              OH                                                      so would be impracticable. The Coast                  considering numerous statutes and
                                              AGENCY:    Coast Guard, DHS.                            Guard did not receive the final details               executive orders related to rulemaking.
                                              ACTION:   Temporary final rule.                         of this fireworks display in time to                  Below we summarize our analyses
                                                                                                      publish an NPRM. As such, it is                       based on a number of these statutes and
                                              SUMMARY:   The Coast Guard is                           impracticable to publish an NPRM                      Executive orders, and we discuss First
                                              establishing a temporary safety zone on                 because we lack sufficient time to                    Amendment rights of protestors.


                                         VerDate Sep<11>2014   15:45 Aug 15, 2018   Jkt 244001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\16AUR1.SGM   16AUR1


                                              40682            Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations

                                              A. Regulatory Planning and Review                       and the Regional Small Business                       Commandant Instruction M16475.lD,
                                                 Executive Orders 12866 and 13563                     Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                              direct agencies to assess the costs and                 Ombudsman evaluates these actions                     complying with the National
                                              benefits of available regulatory                        annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                              alternatives and, if regulation is                      responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                              necessary, to select regulatory                         wish to comment on actions by                         determined that this action is one of a
                                              approaches that maximize net benefits.                  employees of the Coast Guard, call 1–                 category of actions that do not
                                              Executive Order 13771 directs agencies                  888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                              to control regulatory costs through a                   Coast Guard will not retaliate against                significant effect on the human
                                              budgeting process. This rule has not                    small entities that question or complain              environment. This rule involves a safety
                                              been designated a ‘‘significant                         about this rule or any policy or action               zone lasting 85 minutes that will
                                              regulatory action,’’ under Executive                    of the Coast Guard.                                   prohibit entry within a 420 foot radius
                                              Order 12866. Accordingly, this rule has                                                                       from where a fireworks display will be
                                                                                                      C. Collection of Information
                                              not been reviewed by the Office of                                                                            conducted. It is categorically excluded
                                                                                                        This rule will not call for a new                   from further review under paragraph
                                              Management and Budget (OMB), and                        collection of information under the
                                              pursuant to OMB guidance it is exempt                                                                         L60(a) of Appendix A, Table 1 of DHS
                                                                                                      Paperwork Reduction Act of 1995 (44                   Instruction Manual 023–01–001–01,
                                              from the requirements of Executive                      U.S.C. 3501–3520).
                                              Order 13771                                                                                                   Rev. 01. A Record of Environmental
                                                 This regulatory action determination                 D. Federalism                                         Consideration supporting this
                                              is based on the size, location, and                                                                           determination is available in the docket
                                                                                                         A rule has implications for federalism             where indicated under ADDRESSES.
                                              duration of the safety zone. The majority               under Executive Order 13132,
                                              of vessel traffic will be able to safely                Federalism, if it has a substantial direct            G. Protest Activities
                                              transit around the safety zone, which                   effect on the States, on the relationship               The Coast Guard respects the First
                                              will impact only a portion of the                       between the national government and                   Amendment rights of protesters.
                                              Sandusky Bay in Sandusky, OH for a                      the States, or on the distribution of                 Protesters are asked to contact the
                                              period of 85 minutes. Under certain                     power and responsibilities among the                  person listed in the FOR FURTHER
                                              conditions, moreover, vessels may still                 various levels of government. We have                 INFORMATION CONTACT section to
                                              transit through the safety zone when                    analyzed this rule under that Order and               coordinate protest activities so that your
                                              permitted by the Captain of the Port.                   have determined that it is consistent                 message can be received without
                                              B. Impact on Small Entities                             with the fundamental federalism                       jeopardizing the safety or security of
                                                                                                      principles and preemption requirements                people, places or vessels.
                                                 The Regulatory Flexibility Act of 1980               described in Executive Order 13132.
                                              (RFA), 5 U.S.C. 601–612, as amended,                       Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                              requires federal agencies to consider the               implications under Executive Order                      Harbors, Marine safety, Navigation
                                              potential impact of regulations on small                13175, Consultation and Coordination                  (water), Reporting and recordkeeping
                                              entities during rulemaking. The Coast                   with Indian Tribal Governments,                       requirements, Security measures,
                                              Guard certifies under 5 U.S.C. 605(b)                   because it does not have a substantial                Waterways.
                                              that this rule will not have a significant              direct effect on one or more Indian
                                              economic impact on a substantial                                                                                For the reasons discussed in the
                                                                                                      tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                              number of small entities. Under the                     Federal Government and Indian tribes,
                                              Regulatory Flexibility Act (5 U.S.C.                                                                          CFR part 165 as follows:
                                                                                                      or on the distribution of power and
                                              601–612), we have considered the                        responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                              impact of this temporary rule on small                  Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                              entities. While some owners or                          believe this rule has implications for
                                              operators of vessels intending to transit               federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                              the safety zone may be small entities, for              contact the person listed in the FOR                  continues to read as follows:
                                              the reasons stated in section V.A above,                FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              this rule will not have a significant                   above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              economic impact on any vessel owner                                                                           Department of Homeland Security Delegation
                                              or operator.                                            E. Unfunded Mandates Reform Act                       No. 0170.1.
                                                 Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                    ■ 2. Add § 165.T09–0777 to read as
                                              Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 follows:
                                              Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of
                                              we want to assist small entities in                     their discretionary regulatory actions. In            § 165.T09–0777 Safety Zone; Sandusky
                                              understanding this rule. If the rule                    particular, the Act addresses actions                 Bicentennial Fireworks, Sandusky Bay,
                                              would affect your small business,                       that may result in the expenditure by a               Sandusky, OH.
                                              organization, or governmental                           State, local, or tribal government, in the              (a) Location. The following area is a
                                              jurisdiction and you have questions                     aggregate, or by the private sector of                temporary safety zone: All U.S.
                                              concerning its provisions or options for                $100,000,000 (adjusted for inflation) or              navigable waters of the Sandusky Bay
                                              compliance, please contact the person                   more in any one year. Though this rule                within a 420 foot radius of the fireworks
                                              listed in the FOR FURTHER INFORMATION                   will not result in such an expenditure,               launch site located at position
sradovich on DSK3GMQ082PROD with RULES




                                              CONTACT section.                                        we do discuss the effects of this rule                41°27′53.31″ N, 082°42′15.85″ W with
                                                 Small businesses may send comments                   elsewhere in this preamble.                           an alternate heavy wind location at
                                              on the actions of Federal employees                                                                           41°27′55.24″ N, 82°42′17.86″ W. All
                                              who enforce, or otherwise determine                     F. Environment                                        geographic coordinates are North
                                              compliance with, Federal regulations to                   We have analyzed this rule under                    American Datum of 1983 (NAD 83).
                                              the Small Business and Agriculture                      Department of Homeland Security                         (b) Enforcement period. This
                                              Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                       regulation will be enforced from 8:10


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                                                               Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations                                          40683

                                              p.m. through 9:35 p.m. on August 19,                    application of the threshold for order-               updates without changing the meaning
                                              2018. The Captain of the Port Detroit, or               level materials (OLMs).                               of content. The changes do not have a
                                              a designated representative may                         DATES: Effective: August 16, 2018.                    significant impact on the public.
                                              suspend enforcement of the safety zone                  FOR FURTHER INFORMATION CONTACT: Ms.                  IV. Executive Orders 12866 and 13563
                                              at any time.                                            Leah Price, GSA Acquisition Policy
                                                 (c) Regulations. (1) In accordance with                                                                       Executive Orders (E.O.s) 12866 and
                                                                                                      Division, Senior Policy Advisor, at                   13563 direct agencies to assess all costs
                                              the general regulations in § 165.23, entry              leah.price@gsa.gov. For information
                                              into, transiting or anchoring within this                                                                     and benefits of available regulatory
                                                                                                      pertaining to status or publication                   alternatives; and, if regulation is
                                              safety zone is prohibited unless                        schedules, contact the Regulatory
                                              authorized by the Captain of the Port                                                                         necessary, to select regulatory
                                                                                                      Secretariat Division at 202–501–4755.                 approaches that maximize net benefits
                                              Detroit, or his designated representative.              Please cite GSAR Case 2016–G506.
                                                 (2) This safety zone is closed to all                                                                      (including potential economic,
                                                                                                      SUPPLEMENTARY INFORMATION:                            environmental, public health and safety
                                              vessel traffic, except as may be
                                              permitted by the Captain of the Port                    I. Background                                         effects, distributive impacts, and
                                              Detroit or his designated representative.                                                                     equity). E.O. 13563 emphasizes the
                                                                                                        GSAR Case 2016–G506; Federal                        importance of quantifying both costs
                                                 (3) The ‘‘designated representative’’ of             Supply Schedule, Order-Level
                                              the Captain of the Port Detroit is any                                                                        and benefits, of reducing costs, of
                                                                                                      Materials, was published in the Federal               harmonizing rules, and of promoting
                                              Coast Guard commissioned, warrant, or                   Register at 83 FR 3275, on January 24,
                                              petty officer who has been designated                                                                         flexibility. This is not a significant
                                                                                                      2018. Since then, clarification is                    regulatory action and, therefore, was not
                                              by the Captain of the Port Detroit to act               required regarding the application of the
                                              on his behalf. The designated                                                                                 subject to review under Section 6(b) of
                                                                                                      33.33 percent threshold of order-level                E.O. 12866, Regulatory Planning and
                                              representative of the Captain of the Port               materials (OLMs) for task or delivery
                                              Detroit will be aboard either a Coast                                                                         Review, dated September 30, 1993. This
                                                                                                      orders and orders against Federal                     rule is not a major rule under 5 U.S.C.
                                              Guard or Coast Guard Auxiliary vessel.                  Supply Schedule (FSS) BPAs awarded
                                              The Captain of the Port Detroit or his                                                                        804.
                                                                                                      under FSS contracts at GSAR 552.238–
                                              designated representative may be                        82(d)(4).                                             V. Executive Order 13771
                                              contacted via VHF Channel 16.                                                                                    The General Services Administration
                                                 (4) Vessel operators desiring to enter               II. Discussion of Changes
                                                                                                                                                            certifies that this final rule will not have
                                              or operate within the safety zone shall                   GSAR clause 552.238–82(d) Special                   a significant economic impact on a
                                              contact the Captain of the Port Detroit                 Ordering Procedures for the Acquisition               substantial number of small entities
                                              or his designated representative to                     of Order-Level Materials prescribes                   within the meaning of the Regulatory
                                              obtain permission to do so. The COTP                    procedures for including OLMs when                    Flexibility Act, 5 U.S.C. 601, et seq.,
                                              or his on-scene representative may be                   placing an order against a Federal                    because this editorial change does not
                                              contacted via VHF Channel 16. Vessel                    Supply Schedule (FSS) contract or FSS                 have a significant impact on the public
                                              operators given permission to enter or                  BPA. The procedures at d(4) of the                    or Government.
                                              operate in the safety zone must comply                  clause require that the value of OLMs in
                                              with all directions given to them by the                                                                      VI. Regulatory Flexibility Act
                                                                                                      an order awarded under a FSS contract
                                              Captain of the Port Detroit or his                      or FSS BPA shall not exceed 33.33                       The Regulatory Flexibility Act does
                                              designated representative.                              percent of the total value of the order.              not apply to this rule because this final
                                                Dated: August 10, 2018.                               The text at d(4) of the clause is being               rule does not constitute a significant
                                              Jeffrey W. Novak,                                       amended to clarify the applicability of               GSAR revision and 41 U.S.C. 1707 does
                                              Captain, U.S. Coast Guard, Captain of the               the 33.33 percent threshold on OLMs                   not require publication for public
                                              Port Detroit.                                           placed in a task or delivery order or the             comment.
                                              [FR Doc. 2018–17698 Filed 8–15–18; 8:45 am]             cumulative value of OLMs in orders                    VII. Paperwork Reduction Act
                                              BILLING CODE 9110–04–P                                  against an FSS BPA awarded under a
                                                                                                      FSS contract. There are no significant                  This final rule does not contain any
                                                                                                      content changes resulting from this                   information collection that requires
                                                                                                      technical amendment.                                  additional approval of the Office of
                                              GENERAL SERVICES                                                                                              Management and Budget under the
                                              ADMINISTRATION                                          III. Public Comments Not Required                     Paperwork Reduction Act (44 U.S.C.
                                                                                                         41 U.S.C. 1707, Publication of                     Chapter 35).
                                              48 CFR Part 552
                                                                                                      proposed regulations, applies to the                  List of Subjects in 48 CFR Part 552
                                              [GSAR Change 89; GSAR Case 2016–G506;                   publication of the General Services
                                                                                                      Administration Acquisition Regulation.                  Government procurement.
                                              Docket No. 2016–0016; Sequence No.2]
                                                                                                      Paragraph (a)(1) of the statute requires                Dated: August 10, 2018.
                                              RIN 3090–AJ75                                           that a procurement policy, regulation,                Jeffrey A. Koses,
                                                                                                      procedure, or form (including                         Senior Procurement Executive, General
                                              General Services Administration                                                                               Services Administration.
                                                                                                      amendment or modification thereof)
                                              Acquisition Regulation (GSAR);
                                                                                                      must be published for public comment                    Therefore, GSA amends 48 CFR part
                                              Federal Supply Schedule, Order-Level
                                                                                                      if it has either a significant effect                 552 as set forth below:
                                              Materials; Technical Amendment
                                                                                                      beyond the internal operating
sradovich on DSK3GMQ082PROD with RULES




                                              AGENCY:  Office of Acquisition Policy,                  procedures of the agency issuing the                  PART 552—SOLICITATION
                                              General Services Administration (GSA).                  policy, regulation, procedure, or form,               PROVISIONS AND CONTRACT
                                              ACTION: Final rule.                                     or has a significant cost or                          CLAUSES
                                                                                                      administrative impact on contractors or
                                              SUMMARY:  GSA is amending the General                   offerors. This final rule is not required             ■ 1. The authority citation for 48 CFR
                                              Services Administration Regulation                      to be published for public comment                    part 552 continues to read as follows:
                                              (GSAR) to clarify the text regarding the                because it contains minor editorial                       Authority: 40 U.S.C. 121(c).



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Document Created: 2018-08-16 01:03:03
Document Modified: 2018-08-16 01:03:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis temporary final rule is effective from 8:10 p.m. through 9:35 p.m. on August 19th, 2018.
ContactIf you have questions on this temporary rule, call or email MST1 Ryan Erpelding, Waterways Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6037, email [email protected]
FR Citation83 FR 40681 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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