83_FR_47745 83 FR 47562 - Safety Zone; C&S Worldwide Holdings Inc. Fireworks, Lake Ontario, Oswego, NY

83 FR 47562 - Safety Zone; C&S Worldwide Holdings Inc. Fireworks, Lake Ontario, Oswego, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47562-47564
FR Document2018-20455

The Coast Guard is establishing a temporary safety zone for navigable waters within a 280-foot radius of the launch site located at 104 Bayshore Rd., Oswego, NY. This safety zone is intended to restrict vessels form portions of Lake Ontario during the C&S Worldwide Holdings Inc. 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 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Rules and Regulations]
[Pages 47562-47564]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20455]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0860]
RIN 1625-AA00


Safety Zone; C&S Worldwide Holdings Inc. Fireworks, Lake Ontario, 
Oswego, NY

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 
104 Bayshore Rd., Oswego, NY. This safety zone is intended to restrict 
vessels form portions of Lake Ontario during the C&S Worldwide Holdings 
Inc. 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 7:30 p.m. until 8:30 p.m. on 
September 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0860 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 because the event sponsor did not submit 
notice to the Coast Guard with sufficient time remaining before the 
event to publish an NPRM. Delaying the effective date would be contrary 
to the rule's objectives of enhancing safety of life on the navigable 
water and protection of persons and vessels in vicinity of the 
fireworks display.
    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 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 temporary safety zone on September 21, 
2018, from 7:30 p.m. until 8:30 p.m. The safety zone will encompass all 
waters of Lake Ontario, Oswego, NY contained within a 280-foot radius 
of: 43[deg]30'43.30'' N, 76[deg]26'2.70'' 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.
    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

[[Page 47563]]

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 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.T09-0860 to read as follows:


Sec.  165.T09-0860  Safety Zone; C&S Worldwide Holdings Inc. fireworks, 
Lake Ontario, Oswego, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Ontario; Oswego, NY contained within a 280-foot radius of: 
43[deg]30'43.30'' N, 76[deg]26'2.70'' W.
    (b) Enforcement period. This regulation will be enforced from 7:30 
p.m. until 8:30 p.m. on September 21, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port 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

[[Page 47564]]

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 14, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-20455 Filed 9-19-18; 8:45 am]
BILLING CODE 9110-04-P



                                             47562            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                                (v) Royal Park (SR 704) Bridge, mile                  DATES: This rule is effective from 7:30               Captain of the Port Buffalo (COTP) has
                                             1022.6, at West Palm Beach. (1) The                      p.m. until 8:30 p.m. on September 21,                 determined that a fireworks display
                                             draw shall open on the hour and half-                    2018.                                                 presents significant risks to the public
                                             hour.                                                    ADDRESSES: To view documents                          safety and property. Such hazards
                                                (2) When the security zone is                         mentioned in this preamble as being                   include premature and accidental
                                             enforced, the draw is allowed to remain                  available in the docket, go to http://                detonations, dangerous projectiles, and
                                             closed to navigation from 2:15 p.m. to                   www.regulations.gov, type USCG–2018–                  falling or burning debris. This rule is
                                             5:30 p.m. with the exception of a once                   0860 in the ‘‘SEARCH’’ box and click                  needed to protect personnel, vessels,
                                             an hour opening at 2:30 p.m., 3:30 p.m.,                 ‘‘SEARCH.’’ Click on Open Docket                      and the marine environment in the
                                             4:30 p.m. and 5:30 p.m., weekdays only,                  Folder on the line associated with this               navigable waters within the safety zone
                                             if vessels are requesting an opening. At                 rule.                                                 while the fireworks display takes place.
                                             all other times the draw shall open on                   FOR FURTHER INFORMATION CONTACT: If                   IV. Discussion of the Rule
                                             the hour and half-hour.                                  you have questions on this rule, call or
                                                (w) Southern Boulevard (SR 700/80)                    email LTJG Sean Dolan, Chief                            This rule establishes a temporary
                                             Bridge, mile 1024.7, at West Palm                        Waterways Management Division, U.S.                   safety zone on September 21, 2018, from
                                             Beach. (1) The draw shall open on the                    Coast Guard; telephone 716–843–9322,                  7:30 p.m. until 8:30 p.m. The safety
                                             quarter and three-quarter hour.                          email D09-SMB-SECBuffalo-WWM@                         zone will encompass all waters of Lake
                                                (2) When the security zone is                         uscg.mil.                                             Ontario, Oswego, NY contained within
                                             enforced, the draw may be closed                                                                               a 280-foot radius of: 43°30′43.30″ N,
                                                                                                      SUPPLEMENTARY INFORMATION:                            76°26′2.70″ W.
                                             without advance notice to permit
                                             uninterrupted transit of dignitaries                     I. Table of Abbreviations                               Entry into, transiting, or anchoring
                                             across the bridge. At all other times the                                                                      within the safety zone is prohibited
                                                                                                      CFR Code of Federal Regulations                       unless authorized by the Captain of the
                                             bridge shall open on the quarter and                     DHS Department of Homeland Security
                                             three-quarter hour, or as directed by the                FR Federal Register                                   Port Buffalo or his designated on-scene
                                             on-scene designated representative.                      NPRM Notice of proposed rulemaking                    representative. The Captain of the Port
                                                                                                      § Section                                             or his designated on-scene
                                             *      *    *     *     *
                                                                                                      U.S.C. United States Code                             representative may be contacted via
                                               Dated: August 31, 2018.                                                                                      VHF Channel 16.
                                             James A. Passarelli,
                                                                                                      II. Background Information and
                                                                                                      Regulatory History                                    V. Regulatory Analyses
                                             Captain, U.S. Coast Guard Commander,
                                             Seventh Coast Guard District, Acting.                       The Coast Guard is issuing this                      We developed this rule after
                                             [FR Doc. 2018–20500 Filed 9–19–18; 8:45 am]              temporary rule without prior notice and               considering numerous statutes and
                                             BILLING CODE 9110–04–P
                                                                                                      opportunity to comment pursuant to                    Executive orders related to rulemaking.
                                                                                                      authority under section 4(a) of the                   Below we summarize our analyses
                                                                                                      Administrative Procedure Act (APA) (5                 based on a number of these statutes and
                                             DEPARTMENT OF HOMELAND                                   U.S.C. 553(b)). This provision                        Executive orders, and we discuss First
                                             SECURITY                                                 authorizes an agency to issue a rule                  Amendment rights of protestors.
                                                                                                      without prior notice and opportunity to
                                                                                                                                                            A. Regulatory Planning and Review
                                             Coast Guard                                              comment when the agency for good
                                                                                                      cause finds that those procedures are                    Executive Orders 12866 and 13563
                                             33 CFR Part 165                                          ‘‘impracticable, unnecessary, or contrary             direct agencies to assess the costs and
                                                                                                      to the public interest.’’ Under 5 U.S.C.              benefits of available regulatory
                                             [Docket Number USCG–2018–0860]                           553 (b)(B), the Coast Guard finds that                alternatives and, if regulation is
                                                                                                      good cause exists for not publishing a                necessary, to select regulatory
                                                                                                      notice of proposed rulemaking (NPRM)                  approaches that maximize net benefits.
                                             RIN 1625–AA00
                                                                                                      with respect to this rule because the                 Executive Order 13771 directs agencies
                                             Safety Zone; C&S Worldwide Holdings                      event sponsor did not submit notice to                to control regulatory costs through a
                                             Inc. Fireworks, Lake Ontario, Oswego,                    the Coast Guard with sufficient time                  budgeting process. This rule has not
                                             NY                                                       remaining before the event to publish an              been designated a ‘‘significant
                                                                                                      NPRM. Delaying the effective date                     regulatory action,’’ under Executive
                                             AGENCY:    Coast Guard, DHS.                             would be contrary to the rule’s                       Order 12866. Accordingly, this rule has
                                             ACTION:   Temporary final rule.                          objectives of enhancing safety of life on             not been reviewed by the Office of
                                                                                                      the navigable water and protection of                 Management and Budget (OMB), and
                                             SUMMARY:   The Coast Guard is                            persons and vessels in vicinity of the                pursuant to OMB guidance it is exempt
                                             establishing a temporary safety zone for                 fireworks display.                                    from the requirements of Executive
                                             navigable waters within a 280-foot                          Under 5 U.S.C. 553(d)(3), the Coast                Order 13771.
                                             radius of the launch site located at 104                 Guard finds that good cause exists for                   This regulatory action determination
                                             Bayshore Rd., Oswego, NY. This safety                    making this rule effective less than 30               is based on the conclusion that this rule
                                             zone is intended to restrict vessels form                days after publication in the Federal                 is not a significant regulatory action. We
                                             portions of Lake Ontario during the C&S                  Register. Delaying the effective date                 anticipate that it will have minimal
                                             Worldwide Holdings Inc. fireworks                        would be contrary to the rule’s                       impact on the economy, will not
                                             display. This temporary safety zone is                   objectives of enhancing safety of life on             interfere with other agencies, will not
                                             necessary to protect mariners and                                                                              adversely alter the budget of any grant
tkelley on DSKBCP9HB2PROD with RULES2




                                                                                                      the navigable waters and protection of
                                             vessels from the navigational hazards                    persons and vessels in vicinity of the                or loan recipients, and will not raise any
                                             associated with a fireworks display.                     fireworks display.                                    novel legal or policy issues. The safety
                                             Entry of vessels or persons into this                                                                          zone created by this rule will be
                                             zone is prohibited unless specifically                   III. Legal Authority and Need for Rule                relatively small and enforced for a
                                             authorized by the Captain of the Port                       The Coast Guard is issuing this rule               relatively short time. Also, the safety
                                             Buffalo.                                                 under authority in 33 U.S.C 1231. The                 zone has been designed to allow vessels


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                                                              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations                                       47563

                                             to transit around it. Thus, restrictions on              D. Federalism and Indian Tribal                       available in the docket where indicated
                                             vessel movement within that particular                   Governments                                           under ADDRESSES.
                                             area are expected to be minimal. Under
                                                                                                         A rule has implications for federalism             G. Protest Activities
                                             certain conditions, moreover, vessels
                                             may still transit through the safety zone                under Executive Order 13132,                            The Coast Guard respects the First
                                             when permitted by the Captain of the                     Federalism, if it has a substantial direct            Amendment rights of protesters.
                                             Port.                                                    effect on the States, on the relationship             Protesters are asked to contact the
                                                                                                      between the national government and                   person listed in the FOR FURTHER
                                             B. Impact on Small Entities                              the States, or on the distribution of                 INFORMATION CONTACT section to
                                                                                                      power and responsibilities among the                  coordinate protest activities so that your
                                                The Regulatory Flexibility Act of
                                                                                                      various levels of government. We have                 message can be received without
                                             1980, 5 U.S.C. 601–612, as amended,
                                                                                                      analyzed this rule under that Order and               jeopardizing the safety or security of
                                             requires Federal agencies to consider
                                                                                                      have determined that it is consistent                 people, places or vessels.
                                             the potential impact of regulations on
                                                                                                      with the fundamental federalism
                                             small entities during rulemaking. The                                                                          List of Subjects in 33 CFR Part 165
                                                                                                      principles and preemption requirements
                                             term ‘‘small entities’’ comprises small
                                                                                                      described in Executive Order 13132.                     Harbors, Marine safety, Navigation
                                             businesses, not-for-profit organizations
                                                                                                         Also, this rule does not have tribal               (water), Reporting and recordkeeping
                                             that are independently owned and
                                                                                                      implications under Executive Order                    requirements, Security measures,
                                             operated and are not dominant in their
                                                                                                      13175, Consultation and Coordination                  Waterways.
                                             fields, and governmental jurisdictions
                                             with populations of less than 50,000.                    with Indian Tribal Governments,                         For the reasons discussed in the
                                             The Coast Guard certifies under 5 U.S.C.                 because it does not have a substantial                preamble, the Coast Guard amends 33
                                             605(b) that this rule will not have a                    direct effect on one or more Indian                   CFR part 165 as follows:
                                             significant economic impact on a                         tribes, on the relationship between the
                                                                                                      Federal Government and Indian tribes,                 PART 165—REGULATED NAVIGATION
                                             substantial number of small entities.
                                                                                                      or on the distribution of power and                   AREAS AND LIMITED ACCESS AREAS
                                                While some owners or operators of                     responsibilities between the Federal
                                             vessels intending to transit the safety                                                                        ■ 1. The authority citation for part 165
                                                                                                      Government and Indian tribes. If you
                                             zone may be small entities, for the                                                                            continues to read as follows:
                                                                                                      believe this rule has implications for
                                             reasons stated in section V.A above, this                federalism or Indian tribes, please                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             rule will not have a significant                         contact the person listed in the FOR                  33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             economic impact on any vessel owner                      FURTHER INFORMATION CONTACT section                   Department of Homeland Security Delegation
                                             or operator.                                             above.
                                                                                                                                                            No. 0170.1.
                                                Under section 213(a) of the Small                                                                           ■ 2. Add § 165.T09–0860 to read as
                                             Business Regulatory Enforcement                          E. Unfunded Mandates Reform Act                       follows:
                                             Fairness Act of 1996 (Pub. L. 104–121),                    The Unfunded Mandates Reform Act
                                             we want to assist small entities in                                                                            § 165.T09–0860 Safety Zone; C&S
                                                                                                      of 1995 (2 U.S.C. 1531–1538) requires                 Worldwide Holdings Inc. fireworks, Lake
                                             understanding this rule. If the rule                     Federal agencies to assess the effects of             Ontario, Oswego, NY.
                                             would affect your small business,                        their discretionary regulatory actions. In
                                             organization, or governmental                                                                                    (a) Location. The safety zone will
                                                                                                      particular, the Act addresses actions                 encompass all waters of Lake Ontario;
                                             jurisdiction and you have questions                      that may result in the expenditure by a
                                             concerning its provisions or options for                                                                       Oswego, NY contained within a 280-foot
                                                                                                      State, local, or tribal government, in the            radius of: 43°30′43.30″ N, 76°26′2.70″
                                             compliance, please contact the person                    aggregate, or by the private sector of
                                             listed in the FOR FURTHER INFORMATION                                                                          W.
                                                                                                      $100,000,000 (adjusted for inflation) or                (b) Enforcement period. This
                                             CONTACT section.                                         more in any one year. Though this rule                regulation will be enforced from 7:30
                                                Small businesses may send comments                    will not result in such an expenditure,               p.m. until 8:30 p.m. on September 21,
                                             on the actions of Federal employees                      we do discuss the effects of this rule                2018.
                                             who enforce, or otherwise determine                      elsewhere in this preamble.                             (c) Regulations. (1) In accordance with
                                             compliance with, Federal regulations to                                                                        the general regulations in § 165.23, entry
                                                                                                      F. Environment
                                             the Small Business and Agriculture                                                                             into, transiting, or anchoring within this
                                             Regulatory Enforcement Ombudsman                           We have analyzed this rule under                    safety zone is prohibited unless
                                             and the Regional Small Business                          Department of Homeland Security                       authorized by the Captain of the Port
                                             Regulatory Fairness Boards. The                          Directive 023–01 and Commandant                       Buffalo or his designated on-scene
                                             Ombudsman evaluates these actions                        Instruction M16475.1D, which guide the                representative.
                                             annually and rates each agency’s                         Coast Guard in complying with the                       (2) This safety zone is closed to all
                                             responsiveness to small business. If you                 National Environmental Policy Act of                  vessel traffic, except as may be
                                             wish to comment on actions by                            1969 (42 U.S.C. 4321–4370f), and have                 permitted by the Captain of the Port
                                             employees of the Coast Guard, call 1–                    determined that this action is one of a               Buffalo or his designated on-scene
                                             888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                       representative.
                                             Coast Guard will not retaliate against                   individually or cumulatively have a                     (3) The ‘‘on-scene representative’’ of
                                             small entities that question or complain                 significant effect on the human                       the Captain of the Port Buffalo is any
                                             about this rule or any policy or action                  environment. This rule establishes a                  Coast Guard commissioned, warrant or
                                             of the Coast Guard.                                      temporary safety zone. It is categorically            petty officer who has been designated
tkelley on DSKBCP9HB2PROD with RULES2




                                             C. Collection of Information                             excluded from further review under                    by the Captain of the Port Buffalo to act
                                                                                                      paragraph L60(a) of Appendix A, Table                 on his behalf.
                                               This rule will not call for a new                      1 of DHS Instruction Manual 023–01–                     (4) Vessel operators desiring to enter
                                             collection of information under the                      001–01, Rev. 01. A Record of                          or operate within the safety zone must
                                             Paperwork Reduction Act of 1995 (44                      Environmental Consideration                           contact the Captain of the Port Buffalo
                                             U.S.C. 3501–3520).                                       supporting this determination is                      or his on-scene representative to obtain


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                                             47564            Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Rules and Regulations

                                             permission to do so. The Captain of the                  or please contact the person identified               Submittal); (3) Chapter 6, Permitting
                                             Port Buffalo or his on-scene                             in the FOR FURTHER INFORMATION                        Requirements, Section 4, Prevention of
                                             representative may be contacted via                      CONTACT section for additional                        significant deterioration, to remove an
                                             VHF Channel 16. Vessel operators given                   availability information.                             outdated Federal Register citation
                                             permission to enter or operate in the                    FOR FURTHER INFORMATION CONTACT:                      under the definition of ‘tpy CO2
                                             safety zone must comply with all                         Chris Dresser, Air Program, U.S.                      equivalent emission (CO2e),’ portions of
                                             directions given to them by the Captain                  Environmental Protection Agency                       which had been approved in a previous
                                             of the Port Buffalo, or his on-scene                     (EPA), Region 8, Mail Code 8P–AR,                     October 12, 2016 EPA action (2017
                                             representative.                                          1595 Wynkoop Street, Denver, Colorado                 Submittal); (4) Chapter 6, Permitting
                                               Dated: September 14, 2018.                             80202–1129, (303) 312–6385,                           Requirements, Section 14, Incorporation
                                                                                                      dresser.chris@epa.gov.                                by reference (2018 Submittal); (5)
                                             Joseph S. Dufresne,
                                                                                                      SUPPLEMENTARY INFORMATION:                            Chapter 3, General Emission Standards,
                                             Captain, U.S. Coast Guard, Captain of the                                                                      Section 3, Emission standards for
                                             Port Buffalo.                                            I. Background Information                             nitrogen oxides, which corrects an
                                             [FR Doc. 2018–20455 Filed 9–19–18; 8:45 am]
                                                                                                         In a rulemaking published on July 23,              inconsistency regarding internal
                                             BILLING CODE 9110–04–P                                                                                         combustion engines (2017 Submittal);
                                                                                                      2018 (83 FR 34811), the EPA proposed
                                                                                                      approval of eight revisions to the                    (6) Chapter 3, General Emission
                                                                                                      Wyoming Air Quality Standards and                     Standards, Section 9, Incorporation by
                                             ENVIRONMENTAL PROTECTION                                 Regulations submitted by the State of                 reference (2018 Submittal); (7) Chapter
                                             AGENCY                                                   Wyoming; four submitted on March 27,                  2, Ambient Standards, Section 6,
                                                                                                      2017, and four submitted on March 28,                 Ambient Standards for ozone, to include
                                             40 CFR Part 52                                           2018. The revisions include updates to                the latest ozone NAAQS (2017
                                             [EPA–R08–OAR–2018–0389; FRL–9983–                        incorporation by reference within                     Submittal); and (8) Chapter 2, Ambient
                                             50—Region 8]                                             several parts of the Wyoming Air                      Standards, Section 12, Incorporation by
                                                                                                      Quality Standards and Regulations that                reference (2018 Submittal).
                                             Approval and Promulgation of Air                         are part of the SIP. Additional revisions
                                             Quality Implementation Plans;                                                                                  IV. Incorporation by Reference
                                                                                                      were proposed that: (1) Correct an
                                             Wyoming; Incorporation by Reference                      inconsistency regarding internal                        In this rule, the EPA is finalizing
                                             Updates                                                  combustion engine nitrogen oxide                      regulatory text that includes
                                                                                                      requirements; (2) amend three state                   incorporation by reference. In
                                             AGENCY:  Environmental Protection                                                                              accordance with requirements of 1 CFR
                                             Agency (EPA).                                            regulations to maintain consistency
                                                                                                      with federal regulations; and (3) update              51.5, the EPA is finalizing the
                                             ACTION: Final rule.                                                                                            incorporation by reference of Wyoming
                                                                                                      a state internet address. In this
                                             SUMMARY:   The Environmental Protection                  rulemaking the EPA is taking final                    Air Quality Standards and Regulations
                                             Agency (EPA) is approving eight State                    action to approve the proposed                        described in the amendments set forth
                                                                                                      revisions. The reasons for our approval               to 40 CFR part 52, below. The EPA has
                                             Implementation Plan (SIP) revisions
                                                                                                      are provided in the proposed rule.                    made, and will continue to make, these
                                             submitted by the State of Wyoming; four
                                                                                                                                                            materials generally available through
                                             submitted on March 27, 2017, and four                    II. Response to Public Comments                       www.regulations.gov and at the EPA
                                             submitted on March 28, 2018. The
                                                                                                         The EPA received three anonymous                   Region 8 office (please contact the
                                             revisions include updates to
                                                                                                      comments on the proposed SIP                          person identified in the FOR FURTHER
                                             incorporation by reference within
                                                                                                      amendments to the Wyoming Air                         INFORMATION CONTACT section of this
                                             several parts of the Wyoming Air
                                                                                                      Quality Standards and Regulations.                    preamble for more information).
                                             Quality Standards and Regulations that
                                                                                                      After reviewing the comments, the EPA                 Therefore, these materials have been
                                             are part of the SIP. Additional revisions
                                                                                                      has determined that the comments are                  approved by the EPA for inclusion in
                                             are being approved that: Correct an
                                                                                                      outside the scope of our proposed action              the SIP, have been incorporated by
                                             inconsistency regarding internal
                                                                                                      or fail to identify any material issue                reference by the EPA into that plan, are
                                             combustion engine nitrogen oxide
                                                                                                      necessitating a response. All comments                fully federally enforceable under
                                             requirements; amend three state
                                                                                                      received on this action are available for             sections 110 and 113 of the CAA as of
                                             regulations to maintain consistency
                                                                                                      review in the docket for this                         the effective date of the final rulemaking
                                             with federal regulations; and update a
                                                                                                      rulemaking. This rule will be finalized               of the EPA’s approval, and will be
                                             state internet address.
                                                                                                      as proposed without revisions.                        incorporated by reference in the next
                                             DATES: This final rule is effective on
                                                                                                      III. Final Action                                     update to the SIP compilation.1
                                             October 22, 2018.
                                             ADDRESSES: The EPA has established a                        For the reasons expressed in the                   V. Statutory and Executive Orders
                                             docket for this action under Docket ID                   proposed rule, the EPA is approving the               Review
                                             No. EPA–R08–OAR–2018–0389. All                           eight SIP submittals to the Wyoming Air                 Under the CAA, the Administrator is
                                             documents in the docket are listed on                    Quality Standards and Regulations                     required to approve a SIP submission
                                             the http://www.regulations.gov website.                  submitted by the State of Wyoming on                  that complies with the provisions of the
                                             Although listed in the index, some                       March 27, 2017, and March 28, 2018.                   Act and applicable federal regulations
                                             information is not publicly available,                   This action updates: (1) Chapter 8 Non-               (42 U.S.C. 7410(k), 40 CFR 52.02(a)).
                                             e.g., CBI or other information whose                     attainment Area Regulations, Section                  Thus, in reviewing SIP submissions, the
                                             disclosure is restricted by statute.                     10, Incorporation by reference (2017                  EPA’s role is to approve state choices,
tkelley on DSKBCP9HB2PROD with RULES2




                                             Certain other material, such as                          Submittal); (2) Chapter 8, Non-                       provided that they meet the criteria of
                                             copyrighted material, is not placed on                   attainment Area Regulations, Section 3,               the CAA. Accordingly, this final action
                                             the internet and will be publicly                        Conformity of general federal actions to              merely approves some state law as
                                             available only in hard copy form.                        state implementation plans (2018                      meeting federal requirements; this final
                                             Publicly available docket materials are                  Submittal), and Section 10,
                                             available through www.regulations.gov,                   Incorporation by reference (2018                        1 62   FR 27968 (May 22, 1997).



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Document Created: 2018-09-20 02:09:35
Document Modified: 2018-09-20 02:09:35
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 7:30 p.m. until 8:30 p.m. on September 21, 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 47562 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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