83_FR_50456 83 FR 50262 - Safety Zone; APA Convention Fireworks; Lake Erie, Cleveland, OH

83 FR 50262 - Safety Zone; APA Convention Fireworks; Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 194 (October 5, 2018)

Page Range50262-50264
FR Document2018-21717

The Coast Guard is establishing a temporary safety zone for navigable waters within a 420-foot radius of the launch site at 101 Erieside Avenue, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the APA 70th Anniversary Convention fireworks displays. 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 Sector Buffalo.

Federal Register, Volume 83 Issue 194 (Friday, October 5, 2018)
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50262-50264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21717]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0893]
RIN 1625-AA00


Safety Zone; APA Convention Fireworks; Lake Erie, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 420-foot radius of the launch site at 101 
Erieside Avenue, Cleveland, OH. This safety zone is intended to 
restrict vessels from a portion of Lake Erie during the APA 70th 
Anniversary Convention fireworks displays. 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 Sector Buffalo.

DATES: This rule is effective without actual notice from 9 a.m. on 
October 5, 2018 until 10:45 p.m. on October 5, 2018. For the purposes 
of enforcement, actual notice will be used from 9:15 p.m. October 3, 
2018, until 9 a.m. on October 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0893 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 LT Ryan Junod, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email 
ryan.s.junod@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 find that those 
procedures are ``impracticable, unnecessary, or contrary to 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. Thus, delaying the effective date of this 
rule to wait for a comment period to run would be contrary to the 
public interest by inhibiting the Coast Guard's ability to protect 
spectators and vessels from the hazards associated with a maritime 
fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection of persons and 
vessels near the maritime 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, NY (COTP) has determined that a 
fireworks display presents significant risks to the public safety and 
property. Such hazards include premature and accidental detonations, 
dangerous projectiles, and falling or burning debris. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the fireworks display 
takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:15 p.m. through 10:15 
p.m. on October 3, 2018, and 9:45 p.m. through 10:45 p.m. on October 5, 
2018. The safety zone will cover all navigable waters within a 420-foot 
radius of: 41[deg]30'33.4'' N, 081[deg]41'58.0'' W at 101 Erieside 
Avenue, Cleveland, OH.
    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 our anticipation 
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 is 
designed to minimize its impact on navigable waters. Furthermore, 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

[[Page 50263]]

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 involves 
a safety zone lasting one hour that will prohibit entry within 420 feet 
of the launch area for the fireworks display. 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.T09-0893 to read as follows:


Sec.  165.T09-0893  Safety Zone; APA Convention Fireworks; Lake Erie, 
Cleveland, OH.

    (a) Location. This zone will encompass all waters Lake Erie, 
Cleveland, OH contained within a 420-foot radius of the fireworks 
launch site located at position 41[deg]30'33. 4'' N, 081[deg]41'58.0'' 
W.
    (b) Effective and enforcement period. This regulation will be 
enforced from 9:15 p.m. until 10:15 p.m., October 3, 2018, and from 
9:45 p.m. until 10:45 p.m. on October 5, 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 shall 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.


[[Page 50264]]


    Dated: October 2, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-21717 Filed 10-4-18; 8:45 am]
BILLING CODE 9110-04-P



                                             50262              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                             Columbia River or his designated                        I. Table of Abbreviations                             safety zone will cover all navigable
                                             representative.                                         CFR Code of Federal Regulations
                                                                                                                                                           waters within a 420-foot radius of:
                                               (c) Enforcement period. This section                  DHS Department of Homeland Security                   41°30′33.4″ N, 081°41′58.0″ W at 101
                                             will be enforced from 6:40 p.m. to 9                    FR Federal Register                                   Erieside Avenue, Cleveland, OH.
                                             p.m. on October 27, 2018.                               NPRM Notice of proposed rulemaking                      Entry into, transiting, or anchoring
                                                Dated: September 19, 2018.                           § Section                                             within the safety zone is prohibited
                                                                                                     U.S.C. United States Code                             unless authorized by the Captain of the
                                             D.F. Berliner,
                                                                                                                                                           Port Buffalo or his designated on-scene
                                             Captain, U.S. Coast Guard, Acting Captain               II. Background Information and
                                                                                                                                                           representative. The Captain of the Port
                                             of the Port Columbia River.                             Regulatory History
                                                                                                                                                           or his designated on-scene
                                             [FR Doc. 2018–21759 Filed 10–4–18; 8:45 am]                The Coast Guard is issuing this                    representative may be contacted via
                                             BILLING CODE 9110–04–P                                  temporary rule without prior notice and               VHF Channel 16.
                                                                                                     opportunity to comment pursuant to
                                                                                                     authority under section 4(a) of the                   V. Regulatory Analyses
                                             DEPARTMENT OF HOMELAND                                  Administrative Procedure Act (APA) (5                   We developed this rule after
                                             SECURITY                                                U.S.C. 553(b)). This provision                        considering numerous statutes and
                                                                                                     authorizes an agency to issue a rule                  Executive orders related to rulemaking.
                                             Coast Guard                                             without prior notice and opportunity to               Below we summarize our analyses
                                                                                                     comment when the agency for good                      based on a number of these statutes and
                                             33 CFR Part 165                                         cause find that those procedures are                  Executive orders, and we discuss First
                                             [Docket Number USCG–2018–0893]                          ‘‘impracticable, unnecessary, or contrary             Amendment rights of protestors.
                                                                                                     to public interest.’’ Under 5 U.S.C.
                                             RIN 1625–AA00                                                                                                 A. Regulatory Planning and Review
                                                                                                     553(b)(B), the Coast Guard finds that
                                             Safety Zone; APA Convention                             good cause exists for not publishing a                   Executive Orders 12866 and 13563
                                             Fireworks; Lake Erie, Cleveland, OH                     notice of proposed rulemaking (NPRM)                  direct agencies to assess the costs and
                                                                                                     with respect to this rule because the                 benefits of available regulatory
                                             AGENCY:    Coast Guard, DHS.                            event sponsor did not submit notice to                alternatives and, if regulation is
                                             ACTION:   Temporary final rule.                         the Coast Guard with sufficient time                  necessary, to select regulatory
                                                                                                     remaining before the event to publish an              approaches that maximize net benefits.
                                             SUMMARY:   The Coast Guard is                           NPRM. Thus, delaying the effective date               Executive Order 13771 directs agencies
                                             establishing a temporary safety zone for                of this rule to wait for a comment period             to control regulatory costs through a
                                             navigable waters within a 420-foot                      to run would be contrary to the public                budgeting process. This rule has not
                                             radius of the launch site at 101 Erieside               interest by inhibiting the Coast Guard’s              been designated a ‘‘significant
                                             Avenue, Cleveland, OH. This safety                      ability to protect spectators and vessels             regulatory action,’’ under Executive
                                             zone is intended to restrict vessels from               from the hazards associated with a                    Order 12866. Accordingly, this rule has
                                             a portion of Lake Erie during the APA                   maritime fireworks display.                           not been reviewed by the Office of
                                             70th Anniversary Convention fireworks                      Under 5 U.S.C. 553(d)(3), the Coast                Management and Budget (OMB), and
                                             displays. This temporary safety zone is                 Guard finds that good cause exists for                pursuant to OMB guidance it is exempt
                                             necessary to protect mariners and                       making this temporary rule effective less             from the requirements of Executive
                                             vessels from the navigational hazards                   than 30 days after publication in the                 Order 13771.
                                             associated with a fireworks display.                    Federal Register because doing so                        This regulatory action determination
                                             Entry of vessels or persons into this                   would be impracticable and contrary to                is based on our anticipation that it will
                                             zone is prohibited unless specifically                  the public interest. Delaying the                     have minimal impact on the economy,
                                             authorized by the Captain of the Port                   effective date would be contrary to the               will not interfere with other agencies,
                                             Sector Buffalo.                                         rule’s objectives of ensuring safety of               will not adversely alter the budget of
                                             DATES: This rule is effective without                   life on the navigable waters and                      any grant or loan recipients, and will
                                             actual notice from 9 a.m. on October 5,                 protection of persons and vessels near                not raise any novel legal or policy
                                             2018 until 10:45 p.m. on October 5,                     the maritime fireworks display.                       issues. The safety zone created by this
                                             2018. For the purposes of enforcement,                                                                        rule will be relatively small and
                                                                                                     III. Legal Authority and Need for Rule                enforced for a relatively short time.
                                             actual notice will be used from 9:15
                                             p.m. October 3, 2018, until 9 a.m. on                      The Coast Guard is issuing this rule               Also, the safety zone is designed to
                                             October 5, 2018.                                        under authority in 33 U.S.C. 1231. The                minimize its impact on navigable
                                             ADDRESSES: To view documents
                                                                                                     Captain of the Port Buffalo, NY (COTP)                waters. Furthermore, the safety zone has
                                             mentioned in this preamble as being                     has determined that a fireworks display               been designed to allow vessels to transit
                                             available in the docket, go to http://                  presents significant risks to the public              around it. Thus, restrictions on vessel
                                             www.regulations.gov, type USCG–2018–                    safety and property. Such hazards                     movement within that particular area
                                             0893 in the ‘‘SEARCH’’ box and click                    include premature and accidental                      are expected to be minimal. Under
                                             ‘‘SEARCH.’’ Click on Open Docket                        detonations, dangerous projectiles, and               certain conditions, moreover, vessels
                                             Folder on the line associated with this                 falling or burning debris. This rule is               may still transit through the safety zone
                                             rule.                                                   needed to protect personnel, vessels,                 when permitted by the Captain of the
                                                                                                     and the marine environment in the                     Port.
                                             FOR FURTHER INFORMATION CONTACT: If
                                                                                                     navigable waters within the safety zone
                                             you have questions on this rule, call or                                                                      B. Impact on Small Entities
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     while the fireworks display takes place.
                                             email LT Ryan Junod, Chief of                                                                                   The Regulatory Flexibility Act of
                                             Waterways Management, U.S. Coast                        IV. Discussion of the Rule                            1980, 5 U.S.C. 601–612, as amended,
                                             Guard Marine Safety Unit Cleveland;                        This rule establishes a safety zone                requires Federal agencies to consider
                                             telephone 216–937–0124, email                           from 9:15 p.m. through 10:15 p.m. on                  the potential impact of regulations on
                                             ryan.s.junod@uscg.mil.                                  October 3, 2018, and 9:45 p.m. through                small entities during rulemaking. The
                                             SUPPLEMENTARY INFORMATION:                              10:45 p.m. on October 5, 2018. The                    term ‘‘small entities’’ comprises small


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                                                                Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations                                         50263

                                             businesses, not-for-profit organizations                   Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                             that are independently owned and                        implications under Executive Order
                                             operated and are not dominant in their                  13175, Consultation and Coordination                    Harbors, Marine safety, Navigation
                                             fields, and governmental jurisdictions                  with Indian Tribal Governments,                       (water), Reporting and recordkeeping
                                             with populations of less than 50,000.                   because it does not have a substantial                requirements, Security measures,
                                             The Coast Guard certifies under 5 U.S.C.                direct effect on one or more Indian                   Waterways.
                                             605(b) that this rule will not have a                   tribes, on the relationship between the                 For the reasons discussed in the
                                             significant economic impact on a                        Federal Government and Indian tribes,                 preamble, the Coast Guard amends 33
                                             substantial number of small entities.                   or on the distribution of power and                   CFR part 165 as follows:
                                                While some owners or operators of                    responsibilities between the Federal
                                             vessels intending to transit the safety                 Government and Indian tribes. If you                  PART 165—REGULATED NAVIGATION
                                             zone may be small entities, for the                     believe this rule has implications for                AREAS AND LIMITED ACCESS AREAS
                                             reasons stated in section V.A above, this               federalism or Indian tribes, please
                                             rule will not have a significant                        contact the person listed in the FOR                  ■ 1. The authority citation for part 165
                                             economic impact on any vessel owner                     FURTHER INFORMATION CONTACT section                   continues to read as follows:
                                             or operator.                                            above.                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                Under section 213(a) of the Small                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             Business Regulatory Enforcement                         E. Unfunded Mandates Reform Act                       Department of Homeland Security Delegation
                                             Fairness Act of 1996 (Pub. L. 104–121),                                                                       No. 0170.1.
                                                                                                       The Unfunded Mandates Reform Act
                                             we want to assist small entities in                     of 1995 (2 U.S.C. 1531–1538) requires                 ■ 2. Add § 165.T09–0893 to read as
                                             understanding this rule. If the rule                    Federal agencies to assess the effects of             follows:
                                             would affect your small business,                       their discretionary regulatory actions. In
                                             organization, or governmental                                                                                 § 165.T09–0893 Safety Zone; APA
                                                                                                     particular, the Act addresses actions                 Convention Fireworks; Lake Erie,
                                             jurisdiction and you have questions                     that may result in the expenditure by a
                                             concerning its provisions or options for                                                                      Cleveland, OH.
                                                                                                     State, local, or tribal government, in the
                                             compliance, please contact the person                   aggregate, or by the private sector of                  (a) Location. This zone will
                                             listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or              encompass all waters Lake Erie,
                                             CONTACT section.                                                                                              Cleveland, OH contained within a 420-
                                                                                                     more in any one year. Though this rule
                                                Small businesses may send comments                   will not result in such an expenditure,               foot radius of the fireworks launch site
                                             on the actions of Federal employees                     we do discuss the effects of this rule                located at position 41°30′33. 4″ N,
                                             who enforce, or otherwise determine                     elsewhere in this preamble.                           081°41′58.0″ W.
                                             compliance with, Federal regulations to                                                                         (b) Effective and enforcement period.
                                             the Small Business and Agriculture                      F. Environment                                        This regulation will be enforced from
                                             Regulatory Enforcement Ombudsman                                                                              9:15 p.m. until 10:15 p.m., October 3,
                                             and the Regional Small Business                           We have analyzed this rule under
                                                                                                                                                           2018, and from 9:45 p.m. until 10:45
                                             Regulatory Fairness Boards. The                         Department of Homeland Security
                                                                                                                                                           p.m. on October 5, 2018.
                                             Ombudsman evaluates these actions                       Directive 023–01 and Commandant
                                                                                                     Instruction M16475.1D, which guide the                  (c) Regulations. (1) In accordance with
                                             annually and rates each agency’s                                                                              the general regulations in § 165.23, entry
                                             responsiveness to small business. If you                Coast Guard in complying with the
                                                                                                     National Environmental Policy Act of                  into, transiting, or anchoring within this
                                             wish to comment on actions by                                                                                 safety zone is prohibited unless
                                             employees of the Coast Guard, call 1–                   1969 (42 U.S.C. 4321–4370f), and have
                                                                                                     determined that this action is one of a               authorized by the Captain of the Port
                                             888–REG–FAIR (1–888–734–3247). The                                                                            Buffalo or his designated on-scene
                                             Coast Guard will not retaliate against                  category of actions that do not
                                                                                                     individually or cumulatively have a                   representative.
                                             small entities that question or complain
                                             about this rule or any policy or action                 significant effect on the human                         (2) This safety zone is closed to all
                                             of the Coast Guard.                                     environment. This rule involves a safety              vessel traffic, except as may be
                                                                                                     zone lasting one hour that will prohibit              permitted by the Captain of the Port
                                             C. Collection of Information                            entry within 420 feet of the launch area              Buffalo or his designated on-scene
                                               This rule will not call for a new                     for the fireworks display. It is                      representative.
                                             collection of information under the                     categorically excluded from further                     (3) The ‘‘on-scene representative’’ of
                                             Paperwork Reduction Act of 1995 (44                     review under paragraph L60(a) of                      the Captain of the Port Buffalo is any
                                             U.S.C. 3501–3520).                                      Appendix A, Table 1 of DHS Instruction                Coast Guard commissioned, warrant or
                                                                                                     Manual 023–01–001–01, Rev. 01. A                      petty officer who has been designated
                                             D. Federalism and Indian Tribal                         Record of Environmental Consideration                 by the Captain of the Port Buffalo to act
                                             Governments                                             supporting this determination is                      on his behalf.
                                                A rule has implications for federalism               available in the docket where indicated                 (4) Vessel operators desiring to enter
                                             under Executive Order 13132,                            under ADDRESSES.                                      or operate within the safety zone shall
                                             Federalism, if it has a substantial direct              G. Protest Activities                                 contact the Captain of the Port Buffalo
                                             effect on the States, on the relationship                                                                     or his on-scene representative to obtain
                                             between the national government and                       The Coast Guard respects the First                  permission to do so. The Captain of the
                                             the States, or on the distribution of                   Amendment rights of protesters.                       Port Buffalo or his on-scene
                                             power and responsibilities among the                    Protesters are asked to contact the                   representative may be contacted via
daltland on DSKBBV9HB2PROD with RULES




                                             various levels of government. We have                   person listed in the FOR FURTHER                      VHF Channel 16. Vessel operators given
                                             analyzed this rule under that Order and                 INFORMATION CONTACT section to                        permission to enter or operate in the
                                             have determined that it is consistent                   coordinate protest activities so that your            safety zone must comply with all
                                             with the fundamental federalism                         message can be received without                       directions given to them by the Captain
                                             principles and preemption requirements                  jeopardizing the safety or security of                of the Port Buffalo, or his on-scene
                                             described in Executive Order 13132.                     people, places or vessels.                            representative.


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                                             50264              Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations

                                               Dated: October 2, 2018.                               I. Background                                         2016-08/documents/good-neighbor-
                                             Joseph S. Dufresne,                                       On November 17, 2015, the State of                  memo_implementation.pdf (the 2016
                                             Captain, U.S. Coast Guard, Captain of the               West Virginia, through the West                       PM2.5 Memorandum). This 2016 PM2.5
                                             Port Buffalo.                                           Virginia Department of Environmental                  Memorandum is included in the docket
                                             [FR Doc. 2018–21717 Filed 10–4–18; 8:45 am]             Protection (WVDEP), submitted a SIP                   for this rulemaking action. After
                                             BILLING CODE 9110–04–P                                  revision addressing all required                      considering the 2016 PM2.5
                                                                                                     infrastructure elements under CAA                     Memorandum and additional
                                                                                                     section 110(a) for the 2012 PM2.5                     information, EPA came to the same
                                                                                                     NAAQS. As stated in the notice of                     conclusion as West Virginia and
                                             ENVIRONMENTAL PROTECTION                                proposed rulemaking (NPRM) published                  proposed in the NPRM that West
                                             AGENCY                                                                                                        Virginia’s emissions do not significantly
                                                                                                     on August 3, 2018, EPA has previously
                                                                                                                                                           contribute to nonattainment or interfere
                                                                                                     taken action on other portions of the
                                             40 CFR Part 52                                                                                                with maintenance in another State with
                                                                                                     November 17, 2015 submittal
                                                                                                                                                           respect to the 2012 PM2.5 NAAQS.
                                                                                                     addressing requirements in CAA section                  A detailed summary of West
                                             [EPA–R03–OAR–2016–0373; FRL–9984–96–                    110(a)(2) for the 2012 PM2.5 NAAQS,
                                             Region 3]                                                                                                     Virginia’s submittal, EPA’s review, and
                                                                                                     and EPA is taking rulemaking action                   the rationale for EPA’s conclusion
                                                                                                     herein on only the portion of the                     approving the November 17, 2015
                                             Approval and Promulgation of Air
                                                                                                     November 12, 2015 submittal                           submittal as addressing requirements of
                                             Quality Implementation Plans; West
                                                                                                     addressing requirements in CAA section                prongs 1 and 2 are explained in the
                                             Virginia; Interstate Transport
                                                                                                     110(a)(2)(D)(i)(I) (prongs 1 and 2). See              NPRM and the technical support
                                             Requirements for the 2012 Fine
                                                                                                     83 FR 38112. In addition, EPA stated in               document (TSD) that accompanied the
                                             Particulate Matter Standard
                                                                                                     the NPRM that the Agency had                          NPRM and will not be restated here.
                                             AGENCY:  Environmental Protection                       proposed separate action on the portion               The TSD is available online at
                                             Agency (EPA).                                           of the November 12, 2015 submittal                    www.regulations.gov, Docket number
                                                                                                     addressing requirements in CAA section                EPA–R03–OAR–2016–0373.
                                             ACTION: Final rule.
                                                                                                     110(a)(2)(D)(i)(II) (prong 4). See 83 FR
                                                                                                     27734 (June 14, 2018) (proposing                      III. Response to Comments
                                             SUMMARY:   The Environmental Protection
                                             Agency (EPA) is approving a State                       approval of the November 12, 2015                        EPA received a total of three
                                             implementation plan (SIP) revision                      submittal for prong 4). EPA is not at this            comments on the August 3, 2018 NPRM.
                                             submitted by the State of West Virginia.                time taking final action on the 2015 SIP              Two comments generally discussed
                                             This revision pertains to the                           submittal addressing prong 4. For more                matters irrelevant to this rulemaking. As
                                             infrastructure requirement for interstate               information on particulate pollution,                 these two comments did not concern
                                             transport of pollution with respect to                  EPA’s infrastructure requirements, and                any of the specific issues raised in the
                                             the 2012 fine particulate matter (PM2.5)                interstate transport requirements, see                NPRM or address EPA’s rationale for the
                                             national ambient air quality standards                  Section I of the August 3, 2018 NPRM.                 proposed approval of West Virginia’s
                                             (NAAQS). EPA is approving this                                                                                submittal, EPA provides no response to
                                                                                                     II. Summary of SIP Revision and EPA
                                             revision in accordance with the                                                                               these comments. EPA did receive one
                                                                                                     Analysis
                                             requirements of the Clean Air Act                                                                             relevant comment; that comment, and
                                             (CAA).                                        West Virginia’s November 17, 2015                               EPA’s response is discussed in this
                                                                                        SIP submittal stated that the current                              Section of this rulemaking action.
                                             DATES: This final rule is effective on     West Virginia SIP contains adequate                                   Comment: The commenter first stated
                                             November 5, 2018.                          measures to ensure that the State will                             that EPA did not need to analyze
                                             ADDRESSES: EPA has established a           not cause significant contribution to                              interstate transport of PM2.5 emissions
                                             docket for this action under Docket ID     nonattainment in, or interfere with the                            from West Virginia to California, Idaho,
                                             Number EPA–R03–OAR–2016–0373. All maintenance of, any other State with                                        or Florida, and further questioned the
                                             documents in the docket are listed on      respect to the 2012 PM2.5 NAAQS. West                              likelihood of West Virginia’s PM2.5
                                             the https://www.regulations.gov            Virginia refers to the measures detailed                           emissions impacting those three States.
                                             website. Although listed in the index,     in the section pertaining to                                       The commenter then stated that EPA’s
                                             some information is not publicly           requirements in CAA section                                        time and limited resources would be
                                             available, e.g., confidential business     110(a)(2)(A), which included numerous                              better spent on other more meaningful
                                             information (CBI) or other information     SIP-approved measures and other                                    issues, especially since it took three
                                             whose disclosure is restricted by statute. federally enforceable measures, under                              years to develop the analysis EPA
                                             Certain other material, such as            the CAA, that apply to sources of PM2.5                            presented.
                                             copyrighted material, is not placed on     and its precursors within West Virginia.                              Response: First, with respect to the
                                             the internet and will be publicly             In evaluating whether the measures                              period of time for EPA’s analysis, CAA
                                             available only in hard copy form.          identified by West Virginia addressed                              section 110(a)(1) requires all States to
                                             Publicly available docket materials are    CAA section 110(a)(2)(D)(i), EPA used                              submit a SIP addressing the elements of
                                             available through https://                 the information in the memorandum                                  CAA section 110(a)(2), including CAA
                                             www.regulations.gov, or please contact     dated March 17, 2016, entitled,                                    section 110(a)(2)(D)(i)(I) on interstate
                                             the person identified in the FOR FURTHER ‘‘Information on the Interstate Transport                            transport, within three years of EPA
                                             INFORMATION CONTACT section for            ‘‘Good Neighbor’’ Provision for the 2012                           promulgating a new or revised NAAQS.
                                                                                        Fine Particulate Matter National                                   Further, CAA section 110(k)(2) and (3)
daltland on DSKBBV9HB2PROD with RULES




                                             additional availability information.
                                                                                        Ambient Air Quality Standards under                                requires EPA action on the SIP
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                        Clean Air Act Section 110(a)(2)(D)(i)(I),’’                        submission within twelve months of
                                             Joseph Schulingkamp, (215) 814–2021,
                                                                                        Memorandum from Stephen D. Page,                                   EPA finding the SIP submission
                                             or by email at schulingkamp.joseph@
                                                                                        Director, EPA Office of Air Quality                                complete. Therefore, the submission of
                                             epa.gov.
                                                                                        Planning and Standards, https://                                   a SIP addressing interstate transport
                                             SUPPLEMENTARY INFORMATION:                 www.epa.gov/sites/production/files/                                requirements for the 2012 PM2.5 NAAQS


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Document Created: 2018-10-05 01:53:01
Document Modified: 2018-10-05 01:53:01
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 without actual notice from 9 a.m. on October 5, 2018 until 10:45 p.m. on October 5, 2018. For the purposes of enforcement, actual notice will be used from 9:15 p.m. October 3, 2018, until 9 a.m. on October 5, 2018.
ContactIf you have questions on this rule, call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email [email protected]
FR Citation83 FR 50262 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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