83_FR_45231 83 FR 45059 - Safety Zone; Head of the Buffalo Regatta; Buffalo River, Buffalo, NY

83 FR 45059 - Safety Zone; Head of the Buffalo Regatta; Buffalo River, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 172 (September 5, 2018)

Page Range45059-45061
FR Document2018-19192

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Buffalo River during the Head of the Buffalo Regatta. 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 172 (Wednesday, September 5, 2018)
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Proposed Rules]
[Pages 45059-45061]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19192]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0832]
RIN 1625-AA00


Safety Zone; Head of the Buffalo Regatta; Buffalo River, Buffalo, 
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 the Buffalo River during the Head of the Buffalo 
Regatta. 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 October 5, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0832 using the Federal eRulemaking Portal at https://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 LTJG Sean Dolan, Chief of Waterways 
Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, 
email D09-SMB-SECBuffalo-WWM@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On August 16, 2018, the Buffalo Scholastic Rowing Association 
notified the Coast Guard that it would be conducting a rowing regatta 
from 8:00 a.m. to 6:00 p.m. on October 20, 2018, in conjunction with 
the Head of the Buffalo Regatta. The rowing vessels will launch for 
their warmup from the Ohio St. Kayak Launch, at position 
42[deg]51'55.9'' N, 78[deg]52'07.2'' W, then proceed to travel upriver 
to turnaround at position 42[deg]51'36.7'' N, 78[deg]50'56.0'' W. The 
race will then begin at position 42[deg]51'40.0'' N, 78[deg]50'56.5'' 
W, and proceed downriver to the finish line near the Ohio St. bridge at 
position 42[deg]52'17.5'' N, 78[deg]52'21.0'' W. Participants will then 
proceed further upriver to the turnaround point located at position 
42[deg]52'19.4'' N, 78[deg]52'25.3'' W, and return to the starting 
point. The Captain of the Port Buffalo (COTP) has determined that 
potential hazards associated with rowboat races would be a safety 
concern for anyone within that stretch of the Buffalo River.
    The purpose of this rulemaking is to enhance the safety of vessels 
and racers on the navigable waters within the above stated points, 
before, during, and after the scheduled event. The Coast Guard proposes 
this rulemaking under authority 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone to be 
enforced intermittently from 8:00 a.m. until 6:00 p.m. on October 20, 
2018. The safety zone will cover all navigable waters between the two 
points starting at position 42[deg]52'19.4'' N, 78[deg]52'25.3'' W, and 
ending at position 42[deg]51'36.7'' N, 78[deg]50'56.0'' W, on the 
Buffalo River, Buffalo, NY. The duration of the zone is intended to 
ensure the safety of vessels and these navigable waters before, during, 
and after the scheduled rowboat races between 8:00 a.m. and 6:00 p.m. 
No vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would not be able to safely transit around this safety zone, which 
would impact a small designated area of the Buffalo River. 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

[[Page 45060]]

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 10 hours that would prohibit entry into the waters contained 
within a 3.1-mile stretch of the Buffalo River. 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 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://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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://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 https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0832 to read as follows:

[[Page 45061]]

Sec.  165.T09-0832   Safety Zone; Head of the Buffalo Regatta; Buffalo 
River, Buffalo, NY.

    (a) Location. The safety zone will encompass all waters of the 
Buffalo River, Buffalo, NY, beginning at position 42[deg]52'19.4'' N, 
78[deg]52'25.3'' W to 42[deg]51'36.7'' N, 78[deg]50'56.0'' W.
    (b) Enforcement Period. This rule is effective from 8:00 a.m. until 
6:30 p.m. on October 20, 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: August 28, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-19192 Filed 9-4-18; 8:45 am]
BILLING CODE 9110-04-P



                                                                    Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules                                          45059

                                                 support understanding of industry-wide                  in the safety zone unless authorized by               Guard proposes this rulemaking under
                                                 activity and trends.                                    the Captain of the Port Buffalo or a                  authority 33 U.S.C. 1231.
                                                    The OCC invites comments on CRA                      designated representative. We invite
                                                 recordkeeping and reporting                                                                                   III. Discussion of Proposed Rule
                                                                                                         your comments on this proposed
                                                 requirements. The OCC notes that                        rulemaking.                                              The COTP proposes to establish a
                                                 additional feedback on recordkeeping                                                                          temporary safety zone to be enforced
                                                                                                         DATES:  Comments and related material
                                                 and reporting may be necessary if a new                                                                       intermittently from 8:00 a.m. until 6:00
                                                                                                         must be received by the Coast Guard on
                                                 framework is proposed in a future                                                                             p.m. on October 20, 2018. The safety
                                                                                                         or before October 5, 2018.
                                                 rulemaking.                                                                                                   zone will cover all navigable waters
                                                    29. Could the reporting of data                      ADDRESSES: You may submit comments                    between the two points starting at
                                                 gathered using a metric-based approach                  identified by docket number USCG–                     position 42°52′19.4″ N, 78°52′25.3″ W,
                                                 on a regular, periodic basis better                     2018–0832 using the Federal                           and ending at position 42°51′36.7″ N,
                                                 support the tracking, monitoring, and                   eRulemaking Portal at https://                        78°50′56.0″ W, on the Buffalo River,
                                                 comparison of CRA performance levels?                   www.regulations.gov. See the ‘‘Public                 Buffalo, NY. The duration of the zone is
                                                    30. How frequently should banks                      Participation and Request for                         intended to ensure the safety of vessels
                                                 report CRA activity data for the OCC to                 Comments’’ portion of the                             and these navigable waters before,
                                                 evaluate and report on CRA                              SUPPLEMENTARY INFORMATION section for                 during, and after the scheduled rowboat
                                                 performance under a revised regulatory                  further instructions on submitting                    races between 8:00 a.m. and 6:00 p.m.
                                                 framework?                                              comments.                                             No vessel or person will be permitted to
                                                    31. As required by law, and to the                   FOR FURTHER INFORMATION CONTACT:   If                 enter the safety zone without obtaining
                                                 extent possible, the OCC attempts to                    you have questions about this proposed                permission from the COTP or a
                                                 minimize regulatory burden in its                       rulemaking, call or email LTJG Sean                   designated representative. The
                                                 rulemakings consistent with the                         Dolan, Chief of Waterways Management,                 regulatory text we are proposing appears
                                                 effective implementation of its statutory               U.S. Coast Guard Sector Buffalo;                      at the end of this document.
                                                 responsibilities. The OCC is committed                  telephone 716–843–9322, email D09-
                                                 to evaluating the economic impact of,                                                                         IV. Regulatory Analyses
                                                                                                         SMB-SECBuffalo-WWM@uscg.mil.
                                                 and costs and benefits associated with,                 SUPPLEMENTARY INFORMATION:                              We developed this proposed rule after
                                                 any changes that are proposed to the                                                                          considering numerous statutes and
                                                 CRA regulations. Under the current                      I. Table of Abbreviations                             Executive orders related to rulemaking.
                                                 regulatory framework, what are the                      CFR Code of Federal Regulations                       Below we summarize our analyses
                                                 annual costs, in dollars or staff hours,                DHS Department of Homeland Security                   based on a number of these statutes and
                                                 associated with CRA-related data                        FR Federal Register                                   Executive orders and we discuss First
                                                 collection, recordkeeping, and                          NPRM Notice of proposed rulemaking                    Amendment rights of protestors.
                                                 reporting?                                              § Section
                                                                                                         U.S.C. United States Code                             A. Regulatory Planning and Review
                                                 D. Additional Options or Approaches                                                                              Executive Orders 12866 and 13563
                                                                                                         II. Background, Purpose, and Legal
                                                   The OCC invites other ideas and                       Basis                                                 direct agencies to assess the costs and
                                                 options for modernizing the CRA                                                                               benefits of available regulatory
                                                 regulatory framework not identified in                     On August 16, 2018, the Buffalo                    alternatives and, if regulation is
                                                 this ANPR.                                              Scholastic Rowing Association notified                necessary, to select regulatory
                                                                                                         the Coast Guard that it would be                      approaches that maximize net benefits.
                                                   Dated: August 28, 2018.                               conducting a rowing regatta from 8:00                 Executive Order 13771 directs agencies
                                                 Joseph M. Otting,                                       a.m. to 6:00 p.m. on October 20, 2018,                to control regulatory costs through a
                                                 Comptroller of the Currency.                            in conjunction with the Head of the                   budgeting process. This NPRM has not
                                                 [FR Doc. 2018–19169 Filed 9–4–18; 8:45 am]              Buffalo Regatta. The rowing vessels will              been designated a ‘‘significant
                                                 BILLING CODE 4810–33–P                                  launch for their warmup from the Ohio                 regulatory action,’’ under Executive
                                                                                                         St. Kayak Launch, at position                         Order 12866. Accordingly, the NPRM
                                                                                                         42°51′55.9″ N, 78°52′07.2″ W, then                    has not been reviewed by the Office of
                                                 DEPARTMENT OF HOMELAND                                  proceed to travel upriver to turnaround               Management and Budget (OMB), and
                                                 SECURITY                                                at position 42°51′36.7″ N, 78°50′56.0″                pursuant to OMB guidance it is exempt
                                                                                                         W. The race will then begin at position               from the requirements of Executive
                                                 Coast Guard                                             42°51′40.0″ N, 78°50′56.5″ W, and                     Order 13771.
                                                                                                         proceed downriver to the finish line                     This regulatory action determination
                                                 33 CFR Part 165                                         near the Ohio St. bridge at position                  is based on the size, location, duration,
                                                 [Docket Number USCG–2018–0832]                          42°52′17.5″ N, 78°52′21.0″ W.                         and time-of-day of the safety zone.
                                                                                                         Participants will then proceed further                Vessel traffic would not be able to safely
                                                 RIN 1625–AA00                                           upriver to the turnaround point located               transit around this safety zone, which
                                                                                                         at position 42°52′19.4″ N, 78°52′25.3″                would impact a small designated area of
                                                 Safety Zone; Head of the Buffalo                        W, and return to the starting point. The              the Buffalo River. However, the Coast
                                                 Regatta; Buffalo River, Buffalo, NY                     Captain of the Port Buffalo (COTP) has                Guard would issue a Broadcast Notice to
                                                 AGENCY:   Coast Guard, DHS.                             determined that potential hazards                     Mariners via VHF–FM marine channel
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 ACTION:   Notice of proposed rulemaking.                associated with rowboat races would be                16 about the zone, and the rule would
                                                                                                         a safety concern for anyone within that               allow vessels to seek permission to enter
                                                 SUMMARY:   The Coast Guard proposes to                  stretch of the Buffalo River.                         the zone.
                                                 establish a temporary safety zone for                      The purpose of this rulemaking is to
                                                 certain waters of the Buffalo River                     enhance the safety of vessels and racers              B. Impact on Small Entities
                                                 during the Head of the Buffalo Regatta.                 on the navigable waters within the                      The Regulatory Flexibility Act of
                                                 This proposed rulemaking would                          above stated points, before, during, and              1980, 5 U.S.C. 601–612, as amended,
                                                 prohibit persons and vessels from being                 after the scheduled event. The Coast                  requires Federal agencies to consider


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                                                 45060              Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules

                                                 the potential impact of regulations on                  Order 13175, Consultation and                         coordinate protest activities so that your
                                                 small entities during rulemaking. The                   Coordination with Indian Tribal                       message can be received without
                                                 term ‘‘small entities’’ comprises small                 Governments, because it would not have                jeopardizing the safety or security of
                                                 businesses, not-for-profit organizations                a substantial direct effect on one or                 people, places, or vessels.
                                                 that are independently owned and                        more Indian tribes, on the relationship
                                                                                                         between the Federal Government and                    V. Public Participation and Request for
                                                 operated and are not dominant in their
                                                 fields, and governmental jurisdictions                  Indian tribes, or on the distribution of              Comments
                                                 with populations of less than 50,000.                   power and responsibilities between the                   We view public participation as
                                                 The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                 essential to effective rulemaking, and
                                                 605(b) that this proposed rule would not                If you believe this proposed rule has                 will consider all comments and material
                                                 have a significant economic impact on                   implications for federalism or Indian                 received during the comment period.
                                                 a substantial number of small entities.                 tribes, please contact the person listed              Your comment can help shape the
                                                    While some owners or operators of                    in the FOR FURTHER INFORMATION                        outcome of this rulemaking. If you
                                                 vessels intending to transit the safety                 CONTACT section.                                      submit a comment, please include the
                                                 zone may be small entities, for the                                                                           docket number for this rulemaking,
                                                                                                         E. Unfunded Mandates Reform Act
                                                 reasons stated in section IV.A above,                                                                         indicate the specific section of this
                                                 this proposed rule would not have a                        The Unfunded Mandates Reform Act                   document to which each comment
                                                 significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                 applies, and provide a reason for each
                                                 vessel owner or operator.                               Federal agencies to assess the effects of             suggestion or recommendation.
                                                    If you think that your business,                     their discretionary regulatory actions. In
                                                                                                         particular, the Act addresses actions                    We encourage you to submit
                                                 organization, or governmental                                                                                 comments through the Federal
                                                 jurisdiction qualifies as a small entity                that may result in the expenditure by a
                                                                                                         State, local, or tribal government, in the            eRulemaking Portal at http://
                                                 and that this rule would have a                                                                               www.regulations.gov. If your material
                                                 significant economic impact on it,                      aggregate, or by the private sector of
                                                                                                         $100,000,000 (adjusted for inflation) or              cannot be submitted using http://
                                                 please submit a comment (see                                                                                  www.regulations.gov, contact the person
                                                 ADDRESSES) explaining why you think it                  more in any one year. Though this
                                                                                                         proposed rule would not result in such                in the FOR FURTHER INFORMATION
                                                 qualifies and how and to what degree                                                                          CONTACT section of this document for
                                                 this rule would economically affect it.                 an expenditure, we do discuss the
                                                                                                         effects of this rule elsewhere in this                alternate instructions.
                                                    Under section 213(a) of the Small
                                                 Business Regulatory Enforcement                         preamble.                                                We accept anonymous comments. All
                                                 Fairness Act of 1996 (Pub. L. 104–121),                                                                       comments received will be posted
                                                                                                         F. Environment                                        without change to https://
                                                 we want to assist small entities in
                                                 understanding this proposed rule. If the                  We have analyzed this proposed rule                 www.regulations.gov and will include
                                                 rule would affect your small business,                  under Department of Homeland                          any personal information you have
                                                 organization, or governmental                           Security Directive 023–01 and                         provided. For more about privacy and
                                                 jurisdiction and you have questions                     Commandant Instruction M16475.1D,                     the docket, visit https://
                                                 concerning its provisions or options for                which guide the Coast Guard in                        www.regulations.gov/privacyNotice.
                                                 compliance, please contact the person                   complying with the National                              Documents mentioned in this NPRM
                                                 listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                  as being available in the docket, and all
                                                 CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                   public comments, will be in our online
                                                 not retaliate against small entities that               preliminary determination that this                   docket at https://www.regulations.gov
                                                 question or complain about this                         action is one of a category of actions that           and can be viewed by following that
                                                 proposed rule or any policy or action of                do not individually or cumulatively                   website’s instructions. Additionally, if
                                                 the Coast Guard.                                        have a significant effect on the human                you go to the online docket and sign up
                                                                                                         environment. This proposed rule                       for email alerts, you will be notified
                                                 C. Collection of Information                            involves establishing a safety zone                   when comments are posted or a final
                                                   This proposed rule would not call for                 lasting 10 hours that would prohibit                  rule is published.
                                                 a new collection of information under                   entry into the waters contained within
                                                                                                         a 3.1-mile stretch of the Buffalo River.              List of Subjects in 33 CFR Part 165
                                                 the Paperwork Reduction Act of 1995
                                                 (44 U.S.C. 3501–3520).                                  Normally such actions are categorically                 Harbors, Marine safety, Navigation
                                                                                                         excluded from further review under                    (water), Reporting and recordkeeping
                                                 D. Federalism and Indian Tribal                         paragraph L60(a) of Appendix A, Table
                                                 Governments                                                                                                   requirements, Security measures,
                                                                                                         1 of DHS Instruction Manual 023–01–                   Waterways.
                                                    A rule has implications for federalism               001–01, Rev. 01. A preliminary Record
                                                 under Executive Order 13132,                                                                                    For the reasons discussed in the
                                                                                                         of Environmental Consideration
                                                 Federalism, if it has a substantial direct                                                                    preamble, the Coast Guard proposes to
                                                                                                         supporting this determination is
                                                 effect on the States, on the relationship                                                                     amend 33 CFR part 165 as follows:
                                                                                                         available in the docket where indicated
                                                 between the national government and                     under ADDRESSES. We seek any                          PART 165—REGULATED NAVIGATION
                                                 the States, or on the distribution of                   comments or information that may lead                 AREAS AND LIMITED ACCESS AREAS
                                                 power and responsibilities among the                    to the discovery of a significant
                                                 various levels of government. We have                   environmental impact from this                        ■ 1. The authority citation for part 165
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 analyzed this proposed rule under that                  proposed rule.                                        continues to read as follows:
                                                 Order and have determined that it is
                                                 consistent with the fundamental                         G. Protest Activities                                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                           The Coast Guard respects the First                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                 federalism principles and preemption
                                                                                                                                                               Department of Homeland Security Delegation
                                                 requirements described in Executive                     Amendment rights of protesters.
                                                                                                                                                               No. 0170.1.
                                                 Order 13132.                                            Protesters are asked to contact the
                                                    Also, this proposed rule does not have               person listed in the FOR FURTHER                      ■ 2. Add § 165.T09–0832 to read as
                                                 tribal implications under Executive                     INFORMATION CONTACT section to                        follows:


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                                                                    Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Proposed Rules                                          45061

                                                 § 165.T09–0832 Safety Zone; Head of the                 for final authorization of the changes to             contact information in the body of your
                                                 Buffalo Regatta; Buffalo River, Buffalo, NY.            its hazardous waste program under the                 comment and with CD you submit. If
                                                    (a) Location. The safety zone will                   Resource Conservation and Recovery                    the EPA cannot read your comment due
                                                 encompass all waters of the Buffalo                     Act (RCRA). The EPA has reviewed                      to technical difficulties and cannot
                                                 River, Buffalo, NY, beginning at position               Louisiana’s application, and has                      contact you for clarification, the EPA
                                                 42°52′19.4″ N, 78°52′25.3″ W to                         determined that these changes satisfy all             may not be able to consider your
                                                 42°51′36.7″ N, 78°50′56.0″ W.                           requirements needed to qualify for final              comment. Electronic files should avoid
                                                    (b) Enforcement Period. This rule is                 authorization and is proposing to                     the use of special characters, any form
                                                 effective from 8:00 a.m. until 6:30 p.m.                authorize the State’s changes. The EPA                of encryption, and be free of any defects
                                                 on October 20, 2018.                                    is seeking public comment prior to                    or viruses. (For additional information
                                                    (c) Regulations. (1) In accordance with              taking final action.                                  about the EPA’s public docket, visit the
                                                 the general regulations in § 165.23 of                  DATES: Comments on this proposed rule                 EPA Docket Center homepage at http://
                                                 this part, entry into, transiting, or                   must be received by October 5, 2018.                  www.regulations.gov).
                                                 anchoring within this safety zone is                    ADDRESSES: Submit your comments by                       Docket: All documents in the docket
                                                 prohibited unless authorized by the                     one of the following methods:                         are listed in the http://
                                                 Captain of the Port Buffalo or his                         • Federal eRulemaking Portal: http://              www.regulations.gov index. Although
                                                 designated on-scene representative.                     www.regulations.gov. Follow the on-line               listed in the index, some information is
                                                    (2) This safety zone is closed to all                instructions for submitting comments.                 not publicly available, e.g., CBI or other
                                                 vessel traffic, except as may be                           • Email: patterson.alima@epa.gov.                  information whose disclosure is
                                                 permitted by the Captain of the Port                       • Fax: (214) 665–6762 (prior to                    restricted by statute. Certain other
                                                 Buffalo or his designated on-scene                      faxing, please notify Alima Patterson at              material, such as copyrighted material,
                                                 representative.                                         (214) 665–8533).                                      will be publicly available only in hard
                                                    (3) The ‘‘on-scene representative’’ of                  • Mail: Alima Patterson, Regional                  copy. Publicly available docket
                                                 the Captain of the Port Buffalo is any                  Authorization/Codification Coordinator,               materials are available either
                                                 Coast Guard commissioned, warrant or                    RCRA Permit Section (6MM–RP),                         electronically in http://
                                                 petty officer who has been designated                   Multimedia Division, EPA Region 6,                    www.regulations.gov, or in hard copy.
                                                 by the Captain of the Port Buffalo to act               1445 Ross Avenue, Suite 1200, Dallas,                    You can view and copy Louisiana’s
                                                 on his behalf.                                          Texas 75202–2733.                                     application and associated publicly
                                                    (4) Vessel operators desiring to enter                  • Hand Delivery or Courier: Deliver                available materials from 8:30 a.m. to
                                                 or operate within the safety zone must                  your comments to Alima Patterson,                     4:00 p.m. Monday through Friday at the
                                                 contact the Captain of the Port Buffalo                 Regional Authorization/Codification                   following locations: Louisiana
                                                 or his on-scene representative to obtain                Coordinator, RCRA Permit Section                      Department of Environmental Quality,
                                                 permission to do so. The Captain of the                 (6MM–RP), Multimedia Division, EPA                    602 N Fifth Street, Baton Rouge,
                                                 Port Buffalo or his on-scene                            Region 6, 1445 Ross Avenue, Suite                     Louisiana 70884–2178, phone number
                                                 representative may be contacted via                     1200, Dallas, Texas 75202–2733.                       (225) 219–3559 and EPA, Region 6, 1445
                                                 VHF Channel 16. Vessel operators given                     Instructions: EPA must receive your                Ross Avenue, Suite 1200, Dallas, Texas
                                                 permission to enter or operate in the                   comments by October 5, 2018. Direct                   75202–2733, phone number (214) 665–
                                                 safety zone must comply with all                        your comments to Docket ID Number                     8533. The public is advised to call in
                                                 directions given to them by the Captain                 EPA–R06–RCRA–2018–0395. The EPA’s                     advance to verify business hours.
                                                 of the Port Buffalo, or his on-scene                    policy is that all comments received                  Interested persons wanting to examine
                                                 representative.                                         will be included in the public docket                 these documents should make an
                                                   Dated: August 28, 2018.                               without change and may be made                        appointment with the office at least two
                                                 Joseph S. Dufresne,                                     available online at http://                           weeks in advance.
                                                 Captain, U.S. Coast Guard, Captain of the               www.regulations.gov, including any
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:
                                                 Port Buffalo.                                           personal information provided, unless
                                                                                                                                                               Alima Patterson, Region 6, Regional
                                                 [FR Doc. 2018–19192 Filed 9–4–18; 8:45 am]              the comment includes information
                                                                                                                                                               Authorization/Codification Coordinator,
                                                                                                         claimed to be Confidential Business
                                                 BILLING CODE 9110–04–P                                                                                        Permit Section (6MM–RP), Multimedia
                                                                                                         Information (CBI) or other information
                                                                                                                                                               Division, (214) 665–8533, EPA Region 6,
                                                                                                         whose disclosure is restricted by statute.
                                                                                                                                                               1445 Ross Avenue, Suite 1200, Dallas,
                                                                                                         Do not submit information that you
                                                 ENVIRONMENTAL PROTECTION                                                                                      Texas 75202–2733, and Email address
                                                                                                         consider to be CBI or otherwise
                                                 AGENCY                                                                                                        patterson.alima@epa.gov.
                                                                                                         protected through http://
                                                                                                         www.regulations.gov, or email. The                    SUPPLEMENTARY INFORMATION:
                                                 40 CFR Part 271
                                                                                                         Federal regulations.gov website is an                 A. Why are revisions to State programs
                                                 [EPA–R06–RCRA–2018–0395; FRL–9982–                      ‘‘anonymous access’’ system, which
                                                 64—Region 6]                                                                                                  necessary?
                                                                                                         means the EPA will not know your
                                                                                                         identity or contact information unless                  States which have received final
                                                 Louisiana: Final Authorization of State
                                                                                                         you provide it in the body of your                    authorization from the EPA under RCRA
                                                 Hazardous Waste Management
                                                                                                         comment. If you send an email                         section 3006(b), 42 U.S.C. 6926(b), must
                                                 Program Revision
                                                                                                         comment directly to the EPA without                   maintain a hazardous waste program
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 AGENCY:  Environmental Protection                       going through regulations.gov, your                   that is equivalent to, consistent with,
                                                 Agency (EPA).                                           email address will be automatically                   and no less stringent than the Federal
                                                 ACTION: Proposed rule.                                  captured and included as part of the                  program. As the Federal program
                                                                                                         comment that is placed in the public                  changes, States must change their
                                                 SUMMARY: The State of Louisiana                         docket and made available on the                      programs and ask the EPA to authorize
                                                 Department of Environmental Quality                     internet. If you submit an electronic                 the changes. Changes to State programs
                                                 (LDEQ) has applied to the                               comment, the EPA recommends that                      may be necessary when Federal or State
                                                 Environmental Protection Agency (EPA)                   you include your name and other                       statutory or regulatory authority is


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Document Created: 2018-09-05 01:58:40
Document Modified: 2018-09-05 01:58:40
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 October 5, 2018.
ContactIf you have questions about this proposed rulemaking, call or email LTJG Sean Dolan, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected]
FR Citation83 FR 45059 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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