83_FR_47475 83 FR 47293 - Safety Zone; Snowbirds Over Fort Erie, Lake Erie, Niagara River, Buffalo, NY

83 FR 47293 - Safety Zone; Snowbirds Over Fort Erie, Lake Erie, Niagara River, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 182 (September 19, 2018)

Page Range47293-47295
FR Document2018-20291

The Coast Guard is establishing a temporary safety zone on Lake Erie and the Niagara River, Buffalo, NY. This safety zone is intended to restrict vessels from a portion of Lake Erie and the Niagara River during the Snowbirds over Fort Erie air show on September 19, 2018. This temporary safety zone is necessary to protect participants, spectators, and vessels from the hazards associated with aerial stunts, low flying aircraft, and aircraft maneuvers. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo (COTP).

Federal Register, Volume 83 Issue 182 (Wednesday, September 19, 2018)
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Rules and Regulations]
[Pages 47293-47295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20291]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0859]
RIN 1625-AA00


Safety Zone; Snowbirds Over Fort Erie, Lake Erie, Niagara River, 
Buffalo, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie and the Niagara River, Buffalo, NY. This safety zone is 
intended to restrict vessels from a portion of Lake Erie and the 
Niagara River during the Snowbirds over Fort Erie air show on September 
19, 2018. This temporary safety zone is necessary to protect 
participants, spectators, and vessels from the hazards associated with 
aerial stunts, low flying aircraft, and aircraft maneuvers. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Buffalo (COTP).

DATES: This rule is effective from 3:30 p.m. to 5:30 p.m. on September 
19, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0859 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 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 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 Snowbirds over Fort Erie air show.

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 
potential hazards associated with an air show over a navigable waterway 
pose a significant risk to public safety and property within the 
immediate location of the show.

IV. Discussion of the Rule

    This rule establishes a safety zone on September 19, 2018, from 
3:30 p.m. until 5:30 p.m. The safety zone will encompass all waters of 
Lake Erie and the Niagara River starting at position 42[deg]54'01.25'' 
N, 78[deg]54'21.07'' W, then East to 42[deg]54'01.20'' N, 
78[deg]54'17.35'' W, then South to 42[deg]53'18.18'' N, 
78[deg]54'21.94'' W, then West to 42[deg]53'18.39'' N, 
78[deg]54'43.64'' W, and then North along the international boundary 
line to the point of origin. The duration of the zone is intended to 
ensure the safety of spectators and vessels during the Snowbirds over 
Fort Erie air show. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

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

[[Page 47294]]

approaches that maximize net benefits. Executive Order 13771 directs 
agencies to control regulatory costs through a budgeting process. This 
rule has not been designated a ``significant regulatory action,'' under 
Executive Order 12866. Accordingly, this rule has not been reviewed by 
the Office of Management and Budget (OMB), and pursuant to OMB guidance 
it is exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the 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, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism 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 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.T09-0859 to read as follows:


Sec.  165.T09-0859  Safety Zone; Snowbirds over Fort Erie, Lake Erie, 
Niagara River, Buffalo, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie and the Niagara River starting at position 42[deg]54'01.25'' N, 
78[deg]54'21.07'' W, then East to 42[deg]54'01.20'' N, 
78[deg]54'17.35'' W, then South to 42[deg]53'18.18'' N, 
78[deg]54'21.94'' W, then West to 42[deg]53'18.39'' N, 
78[deg]54'43.64'' W, and

[[Page 47295]]

then North along the international boundary line to the point of 
origin.
    (b) Enforcement period. This regulation will be enforced from 3:30 
p.m. until 5:30 p.m. on September 19, 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: September 13, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-20291 Filed 9-18-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                            Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Rules and Regulations                                                                              47293

                                                            TABLE 1 TO § 151.2015—TABLE OF 33 CFR 151.2015 SPECIFIC EXEMPTIONS FOR TYPES OF VESSELS
                                                                                                                                                                                151.2025                151.2060              151.2070
                                                                                                                                                                              (management)             (reporting)         (recordkeeping)


                                                    *                   *                  *                    *                                                              *                       *                        *
                                           Vessel operates exclusively on voyages between ports or places within a single COTP                                               Exempt .............   Exempt .............   Exempt.
                                             Zone.

                                                   *                         *                                 *                                *                              *                        *                        *
                                           Non-seagoing vessel ...........................................................................................................   Exempt .............   Applicable 1 .......   Applicable.1

                                                        *                             *                             *                              *                            *                        *                       *
                                               1 Unless     operating exclusively on voyages between ports or places within a single COTP Zone.


                                           § 151.2060        [Amended]                                           ADDRESSES:   To view documents                                       Register. Delaying the effective date
                                           ■ 3. Amend § 151.2060 as follows:                                     mentioned in this preamble as being                                  would be contrary to the rule’s
                                           ■ a. In paragraph (b), remove the words                               available in the docket, go to https://                              objectives of enhancing safety of life on
                                           ‘‘Unless operating exclusively on                                     www.regulations.gov, type USCG–2018–                                 the navigable waters and protection of
                                           voyages between ports or places within                                0859 in the ‘‘SEARCH’’ box and click                                 persons and vessels in vicinity of the
                                           a single COTP Zone, the’’ and add, in                                 ‘‘SEARCH.’’ Click on Open Docket                                     Snowbirds over Fort Erie air show.
                                           their place, the word ‘‘The’’; and                                    Folder on the line associated with this
                                                                                                                 rule.                                                                III. Legal Authority and Need for Rule
                                           ■ b. Remove paragraphs (e) and (f).
                                                                                                                 FOR FURTHER INFORMATION CONTACT: If                                     The Coast Guard is issuing this rule
                                              Dated: September 14, 2018.                                                                                                              under authority in 33 U.S.C. 1231. The
                                                                                                                 you have questions on this rule, call or
                                           J.P. Nadeau,                                                          email LTJG Sean Dolan, Chief                                         Captain of the Port Buffalo (COTP) has
                                           Rear Admiral, U.S. Coast Guard, Assistant                             Waterways Management Division, U.S.                                  determined that potential hazards
                                           Commandant for Prevention Policy.                                     Coast Guard; telephone 716–843–9322,                                 associated with an air show over a
                                           [FR Doc. 2018–20374 Filed 9–18–18; 8:45 am]                           email D09-SMB-SECBuffalo-WWM@                                        navigable waterway pose a significant
                                           BILLING CODE 9110–04–P                                                uscg.mil.                                                            risk to public safety and property within
                                                                                                                                                                                      the immediate location of the show.
                                                                                                                 SUPPLEMENTARY INFORMATION:
                                           DEPARTMENT OF HOMELAND                                                                                                                     IV. Discussion of the Rule
                                                                                                                 I. Table of Abbreviations
                                           SECURITY                                                                                                                                     This rule establishes a safety zone on
                                                                                                                 CFR Code of Federal Regulations
                                                                                                                 DHS Department of Homeland Security
                                                                                                                                                                                      September 19, 2018, from 3:30 p.m.
                                           Coast Guard                                                           FR Federal Register                                                  until 5:30 p.m. The safety zone will
                                                                                                                 NPRM Notice of proposed rulemaking                                   encompass all waters of Lake Erie and
                                           33 CFR Part 165                                                       § Section                                                            the Niagara River starting at position
                                                                                                                 U.S.C. United States Code                                            42°54′01.25″ N, 78°54′21.07″ W, then
                                           [Docket Number USCG–2018–0859]
                                                                                                                 II. Background Information and                                       East to 42°54′01.20″ N, 78°54′17.35″ W,
                                                                                                                 Regulatory History                                                   then South to 42°53′18.18″ N,
                                           RIN 1625–AA00                                                                                                                              78°54′21.94″ W, then West to
                                                                                                                    The Coast Guard is issuing this                                   42°53′18.39″ N, 78°54′43.64″ W, and
                                           Safety Zone; Snowbirds Over Fort Erie,                                temporary rule without prior notice and                              then North along the international
                                           Lake Erie, Niagara River, Buffalo, NY                                 opportunity to comment pursuant to                                   boundary line to the point of origin. The
                                                                                                                 authority under section 4(a) of the                                  duration of the zone is intended to
                                           AGENCY:       Coast Guard, DHS.                                       Administrative Procedure Act (APA) (5                                ensure the safety of spectators and
                                           ACTION:      Temporary final rule.                                    U.S.C. 553(b)). This provision                                       vessels during the Snowbirds over Fort
                                                                                                                 authorizes an agency to issue a rule                                 Erie air show. No vessel or person will
                                           SUMMARY:   The Coast Guard is                                         without prior notice and opportunity to
                                           establishing a temporary safety zone on                                                                                                    be permitted to enter the safety zone
                                                                                                                 comment when the agency for good                                     without obtaining permission from the
                                           Lake Erie and the Niagara River, Buffalo,                             cause finds that those procedures are
                                           NY. This safety zone is intended to                                                                                                        COTP or a designated representative.
                                                                                                                 ‘‘impracticable, unnecessary, or contrary
                                           restrict vessels from a portion of Lake                               to the public interest.’’ Under 5 U.S.C.                             V. Regulatory Analyses
                                           Erie and the Niagara River during the                                 553(b)(B), the Coast Guard finds that                                  We developed this rule after
                                           Snowbirds over Fort Erie air show on                                  good cause exists for not publishing a                               considering numerous statutes and
                                           September 19, 2018. This temporary                                    notice of proposed rulemaking (NPRM)                                 Executive orders related to rulemaking.
                                           safety zone is necessary to protect                                   with respect to this rule due to it being                            Below we summarize our analyses
                                           participants, spectators, and vessels                                 impracticable and contrary to public                                 based on a number of these statutes and
                                           from the hazards associated with aerial                               interest. The final details of this event                            Executive orders, and we discuss First
                                           stunts, low flying aircraft, and aircraft                             were not known to the Coast Guard                                    Amendment rights of protestors.
                                           maneuvers. Entry of vessels or persons                                until there was insufficient time
amozie on DSK3GDR082PROD with RULES




                                           into this zone is prohibited unless                                   remaining before the event to publish a                              A. Regulatory Planning and Review
                                           specifically authorized by the Captain of                             NPRM.                                                                   Executive Orders 12866 and 13563
                                           the Port Buffalo (COTP).                                                 Under 5 U.S.C. 553(d)(3), the Coast                               direct agencies to assess the costs and
                                           DATES: This rule is effective from 3:30                               Guard finds that good cause exists for                               benefits of available regulatory
                                           p.m. to 5:30 p.m. on September 19,                                    making this rule effective less than 30                              alternatives and, if regulation is
                                           2018.                                                                 days after publication in the Federal                                necessary, to select regulatory


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                                           47294        Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Rules and Regulations

                                           approaches that maximize net benefits.                    Small businesses may send comments                  we do discuss the effects of this rule
                                           Executive Order 13771 directs agencies                  on the actions of Federal employees                   elsewhere in this preamble.
                                           to control regulatory costs through a                   who enforce, or otherwise determine
                                                                                                                                                         F. Environment
                                           budgeting process. This rule has not                    compliance with, Federal regulations to
                                           been designated a ‘‘significant                         the Small Business and Agriculture                       We have analyzed this rule under
                                           regulatory action,’’ under Executive                    Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                           Order 12866. Accordingly, this rule has                 and the Regional Small Business                       Directive 023–01 and Commandant
                                           not been reviewed by the Office of                      Regulatory Fairness Boards. The                       Instruction M16475.1D, which guide the
                                           Management and Budget (OMB), and                        Ombudsman evaluates these actions                     Coast Guard in complying with the
                                           pursuant to OMB guidance it is exempt                   annually and rates each agency’s                      National Environmental Policy Act of
                                           from the requirements of Executive                      responsiveness to small business. If you              1969 (42 U.S.C. 4321–4370f), and have
                                           Order 13771.                                            wish to comment on actions by                         determined that this action is one of a
                                              This regulatory action determination                 employees of the Coast Guard, call                    category of actions that do not
                                           is based on the conclusion that this rule               1–888–REG–FAIR (1–888–734–3247).                      individually or cumulatively have a
                                           is not a significant regulatory action. We              The Coast Guard will not retaliate                    significant effect on the human
                                           anticipate that it will have minimal                    against small entities that question or               environment. This rule establishes a
                                           impact on the economy, will not                         complain about this rule or any policy                safety zone. It is categorically excluded
                                           interfere with other agencies, will not                 or action of the Coast Guard.                         from further review under paragraph
                                           adversely alter the budget of any grant                 C. Collection of Information                          L60(a) of Appendix A, Table 1 of DHS
                                           or loan recipients, and will not raise any                                                                    Instruction Manual 023–01–001–01,
                                           novel legal or policy issues. The safety                  This rule will not call for a new                   Rev. 01. A Record of Environmental
                                           zone created by this rule will be                       collection of information under the                   Consideration supporting this
                                           relatively small and enforced for a                     Paperwork Reduction Act of 1995 (44                   determination is available in the docket
                                           relatively short time. Also, the safety                 U.S.C. 3501–3520).                                    where indicated under ADDRESSES.
                                           zone has been designed to allow vessels                 D. Federalism and Indian Tribal                       G. Protest Activities
                                           to transit around it. Thus, restrictions on             Governments
                                           vessel movement within that particular                                                                          The Coast Guard respects the First
                                                                                                      A rule has implications for federalism
                                           area are expected to be minimal. Under                                                                        Amendment rights of protesters.
                                                                                                   under Executive Order 13132,
                                           certain conditions, moreover, vessels                                                                         Protesters are asked to contact the
                                                                                                   Federalism, if it has a substantial direct
                                           may still transit through the safety zone                                                                     person listed in the FOR FURTHER
                                                                                                   effect on the States, on the relationship
                                           when permitted by the Captain of the                                                                          INFORMATION CONTACT section to
                                                                                                   between the national government and
                                           Port.                                                                                                         coordinate protest activities so that your
                                                                                                   the States, or on the distribution of
                                                                                                                                                         message can be received without
                                           B. Impact on Small Entities                             power and responsibilities among the
                                                                                                                                                         jeopardizing the safety or security of
                                                                                                   various levels of government. We have
                                              The Regulatory Flexibility Act of                                                                          people, places or vessels.
                                                                                                   analyzed this rule under that Order and
                                           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                                                                          Harbors, Marine safety, Navigation
                                                                                                   principles and preemption requirements
                                           small entities during rulemaking. The                                                                         (water), Reporting and recordkeeping
                                                                                                   described in Executive Order 13132.
                                           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
                                           substantial number of small entities.                   responsibilities between the Federal                  ■ 1. The authority citation for part 165
                                              While some owners or operators of                    Government and Indian tribes. If you                  continues to read as follows:
                                           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                     federalism or Indian tribes, please                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           reasons stated in section V.A above, this               contact the person listed in the FOR                  Department of Homeland Security Delegation
                                           rule will not have a significant                                                                              No. 0170.1
                                                                                                   FURTHER INFORMATION CONTACT section
                                           economic impact on any vessel owner                     above.                                                ■ 2. Add § 165.T09–0859 to read as
                                           or operator.                                                                                                  follows:
                                              Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                           Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    § 165.T09–0859 Safety Zone; Snowbirds
                                           Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 over Fort Erie, Lake Erie, Niagara River,
                                           we want to assist small entities in                     Federal agencies to assess the effects of             Buffalo, NY.
                                           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 Lake Erie and
amozie on DSK3GDR082PROD with RULES




                                           organization, or governmental                           that may result in the expenditure by a               the Niagara River starting at position
                                           jurisdiction and you have questions                     State, local, or tribal government, in the            42°54′01.25″ N, 78°54′21.07″ W, then
                                           concerning its provisions or options for                aggregate, or by the private sector of                East to 42°54′01.20″ N, 78°54′17.35″ W,
                                           compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              then South to 42°53′18.18″ N,
                                           listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                78°54′21.94″ W, then West to
                                           CONTACT section.                                        will not result in such an expenditure,               42°53′18.39″ N, 78°54′43.64″ W, and


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                                                        Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Rules and Regulations                                          47295

                                           then North along the international                      National Priorities List (NPL). The NPL,              does not address the rulemaking or
                                           boundary line to the point of origin.                   promulgated pursuant to section 105 of                deletion. The other public comment was
                                             (b) Enforcement period. This                          the Comprehensive Environmental                       about the risk posed by the waste that
                                           regulation will be enforced from 3:30                   Response, Compensation, and Liability                 was left on the Site in the containment
                                           p.m. until 5:30 p.m. on September 19,                   Act (CERCLA) of 1980, as amended, is                  remedy, the potential to support
                                           2018.                                                   an appendix of the National Oil and                   recreational or ecological land uses in
                                             (c) Regulations. (1) In accordance with               Hazardous Substances Pollution                        the future on the Site, and monitoring
                                           the general regulations in § 165.23 of                  Contingency Plan (NCP). The EPA and                   and additional cleanup at the Site. This
                                           this part, entry into, transiting, or                   the State of Florida, through the Florida             comment is addressed by the
                                           anchoring within this safety zone is                    Department of Environmental                           requirements and procedures in the Site
                                           prohibited unless authorized by the                     Protection, have determined that all                  Operations, Monitoring and
                                           Captain of the Port Buffalo or his                      appropriate response actions under                    Maintenance Plan which requires
                                           designated on-scene representative.                     CERCLA, other than operation and                      ongoing groundwater sampling and
                                             (2) This safety zone is closed to all                 maintenance, monitoring, and five-year                analysis, as well as requiring Site
                                           vessel traffic, except as may be                        reviews, have been completed.                         appropriate operations and
                                           permitted by the Captain of the Port                    However, this deletion does not                       maintenance, including inspections to
                                           Buffalo or his designated on-scene                      preclude future actions under
                                                                                                                                                         ensure the on-going remedy is
                                           representative.                                         Superfund.
                                                                                                                                                         performing as designed. Also, the
                                             (3) The ‘‘on-scene representative’’ of                DATES: This action is effective                       ongoing Five Year Review process will
                                           the Captain of the Port Buffalo is any                  September 19, 2018.                                   continue as long as there is waste left on
                                           Coast Guard commissioned, warrant or                    ADDRESSES: Docket: EPA has established                the Site to assess remedy performance
                                           petty officer who has been designated                   a docket for this action under Docket                 and protectiveness and assess any
                                           by the Captain of the Port Buffalo to act               Identification No. EPA–HQ–SFUND–                      changing site conditions. This deletion
                                           on his behalf.                                          1983–0002. All documents in the docket                does not preclude future actions under
                                             (4) Vessel operators desiring to enter                are listed on the https://                            the Superfund rule-making that EPA can
                                           or operate within the safety zone must                  www.regulations.gov website. Although                 take action after deletion, as needed,
                                           contact the Captain of the Port Buffalo                 listed in the index, some information is              and restore the site to the NPL, if there
                                           or his on-scene representative to obtain                not publicly available, i.e., Confidential            is any change found in the
                                           permission to do so. The Captain of the                 Business Information or other
                                           Port Buffalo or his on-scene                                                                                  protectiveness of the remedy for the
                                                                                                   information whose disclosure is                       Site. Therefore, after evaluating these
                                           representative may be contacted via                     restricted by statute. Certain other
                                           VHF Channel 16. Vessel operators given                                                                        comments, EPA believes the deletion
                                                                                                   material, such as copyrighted material,
                                           permission to enter or operate in the                                                                         action for the Site is appropriate. A
                                                                                                   is not placed on the internet and will be
                                           safety zone must comply with all                                                                              responsiveness summary was prepared
                                                                                                   publicly available only in hard copy
                                           directions given to them by the Captain                                                                       and placed in both the docket, EPA–
                                                                                                   form. Publicly available docket
                                           of the Port Buffalo, or his on-scene                                                                          HQ–SFUND–1983–0002, on
                                                                                                   materials are available either
                                           representative.                                         electronically through https://                       www.regulations.gov, and in the local
                                                                                                   www.regulations.gov or in hard copy at                repositories listed above.
                                             Dated: September 13, 2018.
                                           Joseph S. Dufresne,                                     the site information repositories.                       EPA maintains the NPL as the list of
                                                                                                   Locations, contacts, phone numbers and                sites that appear to present a significant
                                           Captain, U.S. Coast Guard, Captain of the
                                           Port Buffalo.                                           viewing hours are:                                    risk to public health, welfare, or the
                                                                                                      USEPA Region 4, 61 Forsyth Street                  environment. Deletion from the NPL
                                           [FR Doc. 2018–20291 Filed 9–18–18; 8:45 am]
                                                                                                   SW, Atlanta, GA 30303–8909, Monday                    does not preclude further remedial
                                           BILLING CODE 9110–04–P
                                                                                                   through Friday, 7:30 a.m. to 4:30 p.m.                action. Whenever there is a significant
                                                                                                   Or                                                    release from a site deleted from the NPL,
                                                                                                                                                         the deleted site may be restored to the
                                           ENVIRONMENTAL PROTECTION                                  West Regional Jacksonville Public                   NPL without application of the hazard
                                           AGENCY                                                  Library, 1425 Chaffee Road S,                         ranking system. Deletion of a site from
                                                                                                   Jacksonville, FL 32221, Monday through                the NPL does not affect responsible
                                           40 CFR Part 300                                         Thursday: 10 a.m. to 9 p.m., Friday &                 party liability in the unlikely event that
                                           [EPA–HQ–SFUND–1983–0002; FRL–9984–                      Saturday: 10 a.m. to 6 p.m., Sunday:                  future conditions warrant further
                                           02—Region 4]                                            CLOSED.                                               actions.
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                           National Oil and Hazardous                                                                                    List of Subjects in 40 CFR Part 300
                                                                                                   Rusty Kestle, Remedial Project Manager,
                                           Substances Pollution Contingency
                                                                                                   U.S. Environmental Protection Agency,                   Environmental protection, Air
                                           Plan; National Priorities List: Deletion
                                                                                                   Region 4, 61 Forsyth Street SW, Atlanta,              pollution control, Chemicals, Hazardous
                                           of the Whitehouse Oil Pits Superfund
                                                                                                   GA 30303–8909, (404) 562–8819, email:
                                           Site                                                                                                          waste, Hazardous substances,
                                                                                                   kestle.rusty@epa.gov.
                                                                                                                                                         Intergovernmental relations, Penalties,
                                           AGENCY:  Environmental Protection                       SUPPLEMENTARY INFORMATION: The site to
                                                                                                                                                         Reporting and recordkeeping
                                           Agency (EPA).                                           be deleted from the NPL is: Whitehouse                requirements, Superfund, Water
                                           ACTION: Final rule.                                     Oil Pits, Whitehouse, Florida. A Notice               pollution control, Water supply.
                                                                                                   of Intent to Delete for this Site was
amozie on DSK3GDR082PROD with RULES




                                           SUMMARY:   The Environmental Protection                 published in the Federal Register (83                   Dated: September 10, 2018.
                                           Agency (EPA) Region 4 announces the                     FR 33171) on July 17, 2018.                           Onis ‘‘Trey’’ Glenn, III,
                                           deletion of the Whitehouse Oil Pits                       The closing date for comments on the                Regional Administrator, Region 4.
                                           Superfund Site, also known as                           Notice of Intent to Delete was August
                                           ‘‘Whitehouse Waste Oil Pits’’, (Site)                   16, 2018. Two public comments were                      For reasons set out in the preamble,
                                           located in Whitehouse, Florida, from the                received; one of the public comments                  40 CFR part 300 is amended as follows:


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Document Created: 2018-09-19 02:55:57
Document Modified: 2018-09-19 02:55:57
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 3:30 p.m. to 5:30 p.m. on September 19, 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 47293 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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