83_FR_45520 83 FR 45346 - Safety Zone; PA Municipal Authorities Annual Conference Fireworks, Presque Isle Bay, Erie, PA

83 FR 45346 - Safety Zone; PA Municipal Authorities Annual Conference Fireworks, Presque Isle Bay, Erie, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 174 (September 7, 2018)

Page Range45346-45348
FR Document2018-19413

The Coast Guard is establishing a temporary safety zone for navigable waters within a 280-foot radius of the launch site located at Dobbins Landing, Erie, PA. This safety zone is intended to restrict vessels from portions of Presque Isle Bay during the Pennsylvania Municipal Authorities Annual Conference fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 83 Issue 174 (Friday, September 7, 2018)
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Rules and Regulations]
[Pages 45346-45348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19413]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0856]
RIN 1625-AA00


Safety Zone; PA Municipal Authorities Annual Conference 
Fireworks, Presque Isle Bay, Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 280-foot radius of the launch site located at 
Dobbins Landing, Erie, PA. This safety zone is intended to restrict 
vessels from portions of Presque Isle Bay during the Pennsylvania 
Municipal Authorities Annual Conference fireworks display. This 
temporary safety zone is necessary to protect mariners and vessels from 
the navigational hazards associated with a fireworks display. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Buffalo.

DATES: This rule is effective from 8:45 p.m. until 9:45 p.m. on 
September 11, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0856 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Sean Dolan, Chief Waterways Management Division, 
U.S. Coast Guard; telephone 716-843-9322, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 due to it being impracticable and contrary to 
public interest. The final details of this event were not known to the 
Coast Guard until there was insufficient time remaining before the 
event to publish a NPRM.
    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. Delaying the effective date would 
be contrary to the rule's objectives of enhancing safety of life on the 
navigable waters and protection of persons and vessels in vicinity of 
the Pennsylvania Municipal Authorities Annual Conference fireworks 
display.

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 Buffalo (COTP) has determined that a 
fireworks display presents significant risks to the public safety and 
property. Such hazards include premature and accidental detonations, 
dangerous projectiles, and falling or burning debris. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the fireworks display 
takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone on September 11, 2018, from 
8:45 p.m. until 9:45 p.m. The safety zone will encompass all waters of 
Presque Isle Bay; Erie, PA contained within 280-foot radius of: 
42[deg]08'19.87'' N, 80[deg]05'29.45'' W.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene 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.

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.

[[Page 45347]]

    This regulatory action determination is based on the conclusion 
that this rule is not a significant regulatory action. We anticipate 
that it will have minimal impact on the economy, will not interfere 
with other agencies, will not adversely alter the budget of any grant 
or loan recipients, and will not raise any novel legal or policy 
issues. The safety zone created by this rule will be relatively small 
and enforced for a relatively short time. Also, the safety zone has 
been designed to allow vessels to transit around it. Thus, restrictions 
on vessel movement within that particular area are expected to be 
minimal. 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, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will 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 
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, call1-888-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 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 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 
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 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 
establishes a temporary safety zone. 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.T09-0856 to read as follows:


Sec.  165.T09-0856   Safety Zone; Pennsylvania Municipal Authorities 
Annual Conference Fireworks Display; Presque Isle Bay, Erie, PA.

    (a) Location. The safety zone will encompass all waters of Presque 
Isle Bay; Erie, PA contained within a 280-foot radius of: 
42[deg]08'19.87'' N, 80[deg]05'29.45'' W.
    (b) Enforcement period. This regulation will be enforced from 8:45 
p.m. until 9:45 p.m. on September 11, 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.

[[Page 45348]]

    (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 30, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-19413 Filed 9-6-18; 8:45 am]
BILLING CODE 9110-04-P



                                             45346            Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations

                                             § 165.T09–0854 Safety Zone; Moonlight on                navigable waters within a 280-foot                    making this rule effective less than 30
                                             the Bay Fireworks, Presque Isle Bay, Lake               radius of the launch site located at                  days after publication in the Federal
                                             Erie, Erie, PA.                                         Dobbins Landing, Erie, PA. This safety                Register. Delaying the effective date
                                               (a) Location. The safety zone will                    zone is intended to restrict vessels from             would be contrary to the rule’s
                                             encompass all waters of Presque Isle                    portions of Presque Isle Bay during the               objectives of enhancing safety of life on
                                             Bay; Erie, PA contained within a 280-                   Pennsylvania Municipal Authorities                    the navigable waters and protection of
                                             foot radius of: 42°08′55.3″ N,                          Annual Conference fireworks display.                  persons and vessels in vicinity of the
                                             80°04′58.1″ W.                                          This temporary safety zone is necessary               Pennsylvania Municipal Authorities
                                               (b) Enforcement period. This                          to protect mariners and vessels from the              Annual Conference fireworks display.
                                             regulation will be enforced from 9:30                   navigational hazards associated with a
                                             p.m. until 11:00 p.m. on September 7,                                                                         III. Legal Authority and Need for Rule
                                                                                                     fireworks display. Entry of vessels or
                                             2018.                                                   persons into this zone is prohibited                     The Coast Guard is issuing this rule
                                               (c) Regulations. (1) In accordance with               unless specifically authorized by the                 under authority in 33 U.S.C. 1231. The
                                             the general regulations in § 165.23 of                  Captain of the Port Buffalo.                          Captain of the Port Buffalo (COTP) has
                                             this part, entry into, transiting, or                                                                         determined that a fireworks display
                                             anchoring within this safety zone is                    DATES: This rule is effective from 8:45
                                                                                                     p.m. until 9:45 p.m. on September 11,                 presents significant risks to the public
                                             prohibited unless authorized by the                                                                           safety and property. Such hazards
                                             Captain of the Port Buffalo or his                      2018.
                                                                                                                                                           include premature and accidental
                                             designated on-scene representative.                     ADDRESSES: To view documents
                                                                                                                                                           detonations, dangerous projectiles, and
                                               (2) This safety zone is closed to all                 mentioned in this preamble as being
                                                                                                                                                           falling or burning debris. This rule is
                                             vessel traffic, except as may be                        available in the docket, go to https://
                                                                                                                                                           needed to protect personnel, vessels,
                                             permitted by the Captain of the Port                    www.regulations.gov, type USCG–2018–
                                                                                                                                                           and the marine environment in the
                                             Buffalo or his designated on-scene                      0856 in the ‘‘SEARCH’’ box and click
                                                                                                                                                           navigable waters within the safety zone
                                             representative.                                         ‘‘SEARCH.’’ Click on Open Docket
                                                                                                                                                           while the fireworks display takes place.
                                               (3) The ‘‘on-scene representative’’ of                Folder on the line associated with this
                                             the Captain of the Port Buffalo is any                  rule.                                                 IV. Discussion of the Rule
                                             Coast Guard commissioned, warrant or                    FOR FURTHER INFORMATION CONTACT: If                     This rule establishes a safety zone on
                                             petty officer who has been designated                   you have questions on this rule, call or              September 11, 2018, from 8:45 p.m.
                                             by the Captain of the Port Buffalo to act               email LTJG Sean Dolan, Chief                          until 9:45 p.m. The safety zone will
                                             on his behalf.                                          Waterways Management Division, U.S.                   encompass all waters of Presque Isle
                                               (4) Vessel operators desiring to enter                Coast Guard; telephone 716–843–9322,                  Bay; Erie, PA contained within 280-foot
                                             or operate within the safety zone must                  email D09-SMB-SECBuffalo-WWM@                         radius of: 42°08′19.87″ N, 80°05′29.45″
                                             contact the Captain of the Port Buffalo                 uscg.mil.                                             W.
                                             or his on-scene representative to obtain                                                                        Entry into, transiting, or anchoring
                                             permission to do so. The Captain of the                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                           within the safety zone is prohibited
                                             Port Buffalo or his on-scene                            I. Table of Abbreviations                             unless authorized by the Captain of the
                                             representative may be contacted via                                                                           Port Buffalo or his designated on-scene
                                             VHF Channel 16. Vessel operators given                  CFR Code of Federal Regulations
                                                                                                     DHS Department of Homeland Security                   representative. The Captain of the Port
                                             permission to enter or operate in the                   FR Federal Register                                   or his designated on-scene
                                             safety zone must comply with all                        NPRM Notice of proposed rulemaking                    representative may be contacted via
                                             directions given to them by the Captain                 § Section                                             VHF Channel 16.
                                             of the Port Buffalo, or his on-scene                    U.S.C. United States Code
                                             representative.                                                                                               V. Regulatory Analyses
                                                                                                     II. Background Information and
                                               Dated: August 30, 2018.                               Regulatory History                                      We developed this rule after
                                             Kenneth E. Blair,                                                                                             considering numerous statutes and
                                             Commander, U.S. Coast Guard, Acting
                                                                                                        The Coast Guard is issuing this                    Executive orders related to rulemaking.
                                             Captain of the Port Buffalo.                            temporary rule without prior notice and               Below we summarize our analyses
                                             [FR Doc. 2018–19414 Filed 9–6–18; 8:45 am]
                                                                                                     opportunity to comment pursuant to                    based on a number of these statutes and
                                                                                                     authority under section 4(a) of the                   Executive orders, and we discuss First
                                             BILLING CODE 9110–04–P
                                                                                                     Administrative Procedure Act (APA) (5                 Amendment rights of protestors.
                                                                                                     U.S.C. 553(b)). This provision
                                                                                                     authorizes an agency to issue a rule                  A. Regulatory Planning and Review
                                             DEPARTMENT OF HOMELAND
                                             SECURITY                                                without prior notice and opportunity to                  Executive Orders 12866 and 13563
                                                                                                     comment when the agency for good                      direct agencies to assess the costs and
                                             Coast Guard                                             cause finds that those procedures are                 benefits of available regulatory
                                                                                                     ‘‘impracticable, unnecessary, or contrary             alternatives and, if regulation is
                                             33 CFR Part 165                                         to the public interest.’’ Under 5 U.S.C.              necessary, to select regulatory
                                                                                                     553(b)(B), the Coast Guard finds that                 approaches that maximize net benefits.
                                             [Docket Number USCG–2018–0856]
                                                                                                     good cause exists for not publishing a                Executive Order 13771 directs agencies
                                             RIN 1625–AA00                                           notice of proposed rulemaking (NPRM)                  to control regulatory costs through a
                                                                                                     with respect to this rule due to it being             budgeting process. This rule has not
                                             Safety Zone; PA Municipal Authorities                   impracticable and contrary to public                  been designated a ‘‘significant
                                             Annual Conference Fireworks, Presque                    interest. The final details of this event             regulatory action,’’ under Executive
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                                             Isle Bay, Erie, PA                                      were not known to the Coast Guard                     Order 12866. Accordingly, this rule has
                                             AGENCY:    Coast Guard, DHS.                            until there was insufficient time                     not been reviewed by the Office of
                                             ACTION:   Temporary final rule.                         remaining before the event to publish a               Management and Budget (OMB), and
                                                                                                     NPRM.                                                 pursuant to OMB guidance it is exempt
                                             SUMMARY:   The Coast Guard is                              Under 5 U.S.C. 553(d)(3), the Coast                from the requirements of Executive
                                             establishing a temporary safety zone for                Guard finds that good cause exists for                Order 13771.


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                                                              Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations                                         45347

                                                This regulatory action determination                 1–888–REG–FAIR (1–888–734–3247).                      individually or cumulatively have a
                                             is based on the conclusion that this rule               The Coast Guard will not retaliate                    significant effect on the human
                                             is not a significant regulatory action. We              against small entities that question or               environment. This rule establishes a
                                             anticipate that it will have minimal                    complain about this rule or any policy                temporary safety zone. It is categorically
                                             impact on the economy, will not                         or action of the Coast Guard.                         excluded from further review under
                                             interfere with other agencies, will not                                                                       paragraph L60(a) of Appendix A, Table
                                             adversely alter the budget of any grant                 C. Collection of Information                          1 of DHS Instruction Manual 023–01–
                                             or loan recipients, and will not raise any                This rule will not call for a new                   001–01, Rev. 01. A Record of
                                             novel legal or policy issues. The safety                collection of information under the                   Environmental Consideration
                                             zone created by this rule will be                       Paperwork Reduction Act of 1995 (44                   supporting this determination is
                                             relatively small and enforced for a                     U.S.C. 3501–3520).                                    available in the docket where indicated
                                             relatively short time. Also, the safety                 D. Federalism and Indian Tribal                       under ADDRESSES.
                                             zone has been designed to allow vessels                 Governments                                           G. Protest Activities
                                             to transit around it. Thus, restrictions on
                                             vessel movement within that particular                     A rule has implications for federalism               The Coast Guard respects the First
                                             area are expected to be minimal. Under                  under Executive Order 13132,                          Amendment rights of protesters.
                                             certain conditions, moreover, vessels                   Federalism, if it has a substantial direct            Protesters are asked to contact the
                                             may still transit through the safety zone               effect on the States, on the relationship             person listed in the FOR FURTHER
                                             when permitted by the Captain of the                    between the national government and                   INFORMATION CONTACT section to
                                             Port.                                                   the States, or on the distribution of                 coordinate protest activities so that your
                                                                                                     power and responsibilities among the                  message can be received without
                                             B. Impact on Small Entities                             various levels of government. We have                 jeopardizing the safety or security of
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               people, places or vessels.
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent
                                                                                                                                                           List of Subjects in 33 CFR Part 165
                                             requires Federal agencies to consider                   with the fundamental federalism
                                             the potential impact of regulations on                  principles and preemption requirements                  Harbors, Marine safety, Navigation
                                             small entities during rulemaking. The                   described in Executive Order 13132.                   (water), Reporting and recordkeeping
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               requirements, Security measures,
                                             businesses, not-for-profit organizations                implications under Executive Order                    Waterways.
                                             that are independently owned and                        13175, Consultation and Coordination                    For the reasons discussed in the
                                             operated and are not dominant in their                  with Indian Tribal Governments,                       preamble, the Coast Guard amends 33
                                             fields, and governmental jurisdictions                  because it does not have a substantial                CFR part 165 as follows:
                                             with populations of less than 50,000.                   direct effect on one or more Indian
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               PART 165—REGULATED NAVIGATION
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,                 AREAS AND LIMITED ACCESS AREAS
                                             significant economic impact on a                        or on the distribution of power and                   ■ 1. The authority citation for part 165
                                             substantial number of small entities.                   responsibilities between the Federal
                                                While some owners or operators of                                                                          continues to read as follows:
                                                                                                     Government and Indian tribes. If you
                                             vessels intending to transit the safety                 believe this rule has implications for                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             zone may be small entities, for the                                                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                     federalism or Indian tribes, please                   Department of Homeland Security Delegation
                                             reasons stated in section V.A above, this               contact the person listed in the FOR                  No. 0170.1.
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                             economic impact on any vessel owner                     above.                                                ■ 2. Add § 165.T09–0856 to read as
                                             or operator.                                                                                                  follows:
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                           § 165.T09–0856 Safety Zone; Pennsylvania
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    Municipal Authorities Annual Conference
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 Fireworks Display; Presque Isle Bay, Erie,
                                             we want to assist small entities in                     Federal agencies to assess the effects of             PA.
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In              (a) Location. The safety zone will
                                             would affect your small business,                       particular, the Act addresses actions                 encompass all waters of Presque Isle
                                             organization, or governmental                           that may result in the expenditure by a               Bay; Erie, PA contained within a 280-
                                             jurisdiction and you have questions                     State, local, or tribal government, in the            foot radius of: 42°08′19.87″ N,
                                             concerning its provisions or options for                aggregate, or by the private sector of                80°05′29.45″ W.
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or                (b) Enforcement period. This
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                regulation will be enforced from 8:45
                                             CONTACT section.                                        will not result in such an expenditure,               p.m. until 9:45 p.m. on September 11,
                                                Small businesses may send comments                   we do discuss the effects of this rule                2018.
                                             on the actions of Federal employees                     elsewhere in this preamble.                             (c) Regulations. (1) In accordance with
                                             who enforce, or otherwise determine                                                                           the general regulations in § 165.23 of
                                             compliance with, Federal regulations to                 F. Environment                                        this part, entry into, transiting, or
                                             the Small Business and Agriculture                        We have analyzed this rule under                    anchoring within this safety zone is
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                       prohibited unless authorized by the
                                             and the Regional Small Business                         Directive 023–01 and Commandant
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                           Captain of the Port Buffalo or his
                                             Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                designated on-scene representative.
                                             Ombudsman evaluates these actions                       Coast Guard in complying with the                       (2) This safety zone is closed to all
                                             annually and rates each agency’s                        National Environmental Policy Act of                  vessel traffic, except as may be
                                             responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                 permitted by the Captain of the Port
                                             wish to comment on actions by                           determined that this action is one of a               Buffalo or his designated on-scene
                                             employees of the Coast Guard, call                      category of actions that do not                       representative.


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                                             45348            Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations

                                               (3) The ‘‘on-scene representative’’ of                available only in hard copy form.                     and registration construction permits
                                             the Captain of the Port Buffalo is any                  Publicly available docket materials are               based on whether the project
                                             Coast Guard commissioned, warrant or                    available either through                              constituted a Type 2 action under the
                                             petty officer who has been designated                   www.regulations.gov or at the                         previous chapter NR 150. However, the
                                             by the Captain of the Port Buffalo to act               Environmental Protection Agency,                      current chapter NR 150 was amended
                                             on his behalf.                                          Region 5, Air and Radiation Division, 77              and no longer defines or sets
                                               (4) Vessel operators desiring to enter                West Jackson Boulevard, Chicago,                      requirements for Type 2 actions.
                                             or operate within the safety zone must                  Illinois 60604. This facility is open from            Removing these provisions from
                                             contact the Captain of the Port Buffalo                 8:30 a.m. to 4:30 p.m., Monday through                Wisconsin’s SIP ensures consistency
                                             or his on-scene representative to obtain                Friday, excluding Federal holidays. We                with the Wisconsin Environmental
                                             permission to do so. The Captain of the                 recommend that you telephone Rachel                   Protection Act (WEPA), and does not
                                             Port Buffalo or his on-scene                            Rineheart, Environmental Engineer, at                 affect consistency with the Clean Air
                                             representative may be contacted via                     (312) 886–7017 before visiting the                    Act (CAA). It is also consistent with
                                             VHF Channel 16. Vessel operators given                  Region 5 office.                                      Section 110(l) of the CAA. Sources
                                             permission to enter or operate in the                   FOR FURTHER INFORMATION CONTACT:                      covered under registration and general
                                             safety zone must comply with all                        Rachel Rineheart, Environmental                       permits are still subject to all emission
                                             directions given to them by the Captain                 Engineer, Air Permits Section, Air                    caps and applicable requirements
                                             of the Port Buffalo, or his on-scene                    Programs Branch (AR18J),                              contained in those permits.
                                             representative.                                         Environmental Protection Agency,                      II. What is our response to comments
                                               Dated: August 30, 2018.                               Region 5, 77 West Jackson Boulevard,                  received on the proposed rulemaking?
                                             Kenneth E. Blair,                                       Chicago, Illinois 60604, (312) 886–7017,
                                                                                                                                                              EPA published a direct final rule on
                                             Commander, U.S. Coast Guard, Acting                     rineheart.rachel@epa.gov.
                                                                                                                                                           November 7, 2017 (82 FR 51575),
                                             Captain of the Port Buffalo.                            SUPPLEMENTARY INFORMATION:                            approving Wisconsin’s requested
                                             [FR Doc. 2018–19413 Filed 9–6–18; 8:45 am]              Throughout this document whenever                     revisions to the SIP, along with a
                                             BILLING CODE 9110–04–P
                                                                                                     ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean           proposed rule (82 FR 51594) that
                                                                                                     EPA. This supplementary information                   provided a 30-day public comment
                                                                                                     section is arranged as follows: is used,              period. EPA received two comment
                                             ENVIRONMENTAL PROTECTION                                we mean EPA. This supplementary                       letters during the public comment
                                             AGENCY                                                  information section is arranged as                    process. There were comments on the
                                                                                                     follows:                                              proposed approval from Sierra Club and
                                             40 CFR Part 52                                          I. Review of State Submittal                          the Center for Biological Diversity
                                             [EPA–R05–OAR–2017–0280; FRL–9982–
                                                                                                     II. What is our response to comments                  combined and one comment from an
                                                                                                          received on the proposed rulemaking?             anonymous commenter. The letter from
                                             60—Region 5]
                                                                                                     III. What action is EPA taking?                       the anonymous commenter was dated
                                                                                                     IV. Incorporation by Reference                        December 2, 2017 and the letter from
                                             Air Plan Approval; Wisconsin; 2017
                                                                                                     V. Statutory and Executive Order Reviews
                                             Revisions to NR 400 and 406                                                                                   Sierra Club and the Center for Biological
                                                                                                                                                           Diversity was dated December 7, 2017.
                                             AGENCY:  Environmental Protection                       I. Review of State Submittal
                                                                                                                                                           Consequently, the direct final rule on
                                             Agency (EPA).                                              This final rulemaking addresses the                this approval was withdrawn on
                                             ACTION: Final rule.                                     May 16, 2017 WDNR submittal for a SIP                 December 21, 2017 (82 FR 60545). A
                                                                                                     revision, revising the rules in the                   summary of the comments received and
                                             SUMMARY:    The Environmental Protection                Wisconsin SIP to align them with
                                             Agency (EPA) is approving certain                                                                             EPA’s response follows.
                                                                                                     Federal requirements. WDNR’s
                                             changes to the Wisconsin State                          submittal includes changes to the term                A. Section 110(l) Determination
                                             Implementation Plan (SIP). This action                  ‘‘electric generator,’’ replacing it with                Comment 1: The revisions to the prior
                                             relates to changes in Wisconsin’s                       ‘‘restricted internal combustion engine’’             exemption for emergency generators are
                                             construction permit rules as well as the                as well as other minor language and                   a relaxation of the SIP and EPA cannot
                                             change in the definition for ‘‘emergency                administrative changes. Specifically, NR              approve the SIP relaxation without an
                                             electric generators’’ in NR 400. This                   400.02(136m) replaces the existing                    analysis that the relaxation will not
                                             request for the revision of the SIP was                 definition of emergency ‘‘electric                    interfere with attainment or
                                             submitted by the Wisconsin Department                   generator’’ with a definition of                      maintenance of the National Ambient
                                             of Natural Resources (WDNR) on May                      ‘‘restricted use internal combustion                  Air Quality Standards (NAAQS) or any
                                             16, 2017.                                               engine,’’ and NR 406.04(1)(w) amends                  other CAA requirement pursuant to
                                             DATES: This final rule is effective on                  the exemption language for ‘‘emergency                Section 110(l) of the CAA.
                                             October 9, 2018.                                        electric generators,’’ replacing it with an              EPA Response: Section 110(l) states
                                             ADDRESSES: EPA has established a                        exemption for ‘‘restricted use                        ‘‘each revision to an implementation
                                             docket for this action under Docket ID                  reciprocating internal combustion                     plan submitted by a State under this
                                             No. EPA–R05–OAR–2017–0280. All                          engines.’’ NR 406.08(1) and NR 406.10                 chapter shall be adopted by such State
                                             documents in the docket are listed on                   involve minor changes to language, and                after reasonable notice and public
                                             the www.regulations.gov website.                        NR 406.11(1) amends procedures for                    hearing. The Administrator shall not
                                             Although listed in the index, some                      revoking construction permits. These                  approve a revision of a plan if the
                                             information is not publicly available,                                                                        revision would interfere with any
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     changes serve the purpose of aligning
                                             i.e., Confidential Business Information                 Wisconsin’s definitions with the Federal              applicable requirement concerning
                                             (CBI) or other information whose                        definitions.                                          attainment and reasonable further
                                             disclosure is restricted by statute.                       WDNR is also requesting the removal                progress (as defined in section 171 of
                                             Certain other material, such as                         of NR 406.16(2)(d) and NR 406.17(3)(e)                this title), or any other applicable
                                             copyrighted material, is not placed on                  from the SIP. These provisions address                requirement of this Act.’’ Wisconsin has
                                             the internet and will be publicly                       the eligibility of coverage under general             adequately demonstrated that the


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Document Created: 2018-09-07 00:15:09
Document Modified: 2018-09-07 00:15:09
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 rule is effective from 8:45 p.m. until 9:45 p.m. on September 11, 2018.
ContactIf you have questions on this rule, call or email LTJG Sean Dolan, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo- [email protected]
FR Citation83 FR 45346 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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