83_FR_53184 83 FR 52981 - Safety Zone; Fox River, Brown County Fireworks, Green Bay, WI

83 FR 52981 - Safety Zone; Fox River, Brown County Fireworks, Green Bay, WI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 203 (October 19, 2018)

Page Range52981-52983
FR Document2018-22845

The Coast Guard is establishing a temporary safety zone on the Fox River in Green Bay, WI, for all navigable waters within a 210-foot radius of the approximate launch position at 44[deg]31.016' N, 088[deg]01.016' W (NAD 83). This action is necessary to protect spectators, mariners, vessels, and property from potential 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 Lake Michigan or a designated representative.

Federal Register, Volume 83 Issue 203 (Friday, October 19, 2018)
[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Rules and Regulations]
[Pages 52981-52983]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22845]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0910]
RIN 1625-AA00


Safety Zone; Fox River, Brown County Fireworks, Green Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Fox River in Green Bay, WI, for all navigable waters within a 210-foot 
radius of the approximate launch position at 44[deg]31.016' N, 
088[deg]01.016' W (NAD 83). This action is necessary to protect 
spectators, mariners, vessels, and property from potential 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 Lake Michigan or a designated representative.

DATES: This rule is effective from 7 p.m. through 7:30 p.m. on October 
26, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0910 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 
document, call or email the marine event coordinator, MSTC Kaleena 
Carpino, Prevention Department, Coast Guard Sector Lake Michigan, 
Milwaukee, WI; telephone (414) 747-7148, 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 doing so would be impracticable and 
contrary to the public interest. The final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Delaying the effective 
date of this rule to wait for a comment period to run would be both 
impracticable and contrary to the public interest because it would 
inhibit the Coast Guard's ability to protect the public, vessels, 
mariners, and property from the hazards associated with the fireworks 
display on October 26, 2018.
    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 for the same reasons discussed in 
the preceding paragraph. Waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

III. Legal Authority and Need for Rule

    The legal basis for this rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 6.04-1, 6.04-6, 
and 160.5; Department of Homeland Security Delegation No. 0170.1.
    The Coast Guard will enforce a safety zone on October 26, 2018, 
from 7 p.m. through 7:30 p.m., for a fireworks display on Fox River in 
Green Bay, WI. The Captain of the Port Lake Michigan has determined 
that this fireworks display will pose a significant risk to public 
safety and property. Such hazards include premature and accidental 
detonations, falling and burning debris, and collisions among spectator 
vessels.

IV. Discussion of the Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake Michigan has determined that this temporary safety zone is 
necessary to protect persons and vessels during the fireworks display 
in the waters of Fox River, in Green Bay, WI. This zone is effective 
and will be enforced from 7 p.m. through 7:30 p.m. on October 26, 2018. 
The safety zone will encompass all navigable waters of Fox River within 
a 210-foot radius of the approximate launch position at 44[deg]31.016' 
N, 088[deg]01.016' W (NAD 83).

[[Page 52982]]

    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or a designated on-scene representative. The Captain of the Port or a 
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 size, 
location, duration, and time-of-year of the safety zone. The safety 
zone created by this rule will be relatively small and enforced for 
only 30 minutes. Under certain conditions, vessels may still transit 
through the safety zone when permitted by the Captain of the Port. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider 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.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit or anchor in the affected portion of Fox River, in Green Bay, 
WI between 7 p.m. through 7:30 p.m. on October 26, 2018. This safety 
zone will not have a significant economic impact on a substantial 
number of small entities for the reasons cited in the Regulatory 
Planning and Review section. Additionally, before the enforcement of 
the zone, we will issue local Broadcast Notice to Mariners and Public 
Notice of Safety Zone so vessel owners and operators can plan 
accordingly.
    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 
the establishment of a safety zone surrounding a fireworks display on 
Fox River, in Green Bay, WI. It is categorically excluded from further 
review under paragraph L[60(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.


[[Page 52983]]


    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.T09-0910 to read as follows:


Sec.  165.T09-0910   Safety Zone; Fox River, Brown County Fireworks, 
Green Bay, WI.

    (a) Location. All navigable waters of Fox River within a 210-foot 
radius of the approximate launch position at 44[deg]31.0167' N, 
088[deg]01.016' W (NAD 83).
    (b) Effective and enforcement period. This rule is effective and 
will be enforced from 7 p.m. through 7:30 p.m. on October 26, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Lake Michigan or a 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 Lake Michigan or a designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake 
Michigan is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Lake Michigan to act on 
his or her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Lake Michigan or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Lake Michigan or an 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 Lake Michigan or an on-scene representative.

    Dated: October 2, 2018.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2018-22845 Filed 10-18-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations                                       52981

                                           20, 2018 until approximately 8:30 p.m.                  DEPARTMENT OF HOMELAND                                without prior notice and opportunity to
                                           on October 20, 2018, the fireworks barge                SECURITY                                              comment when the agency for good
                                           will be loading and staging at Pier 50.                                                                       cause finds that those procedures are
                                           The safety zone will expand to all                      Coast Guard                                           ‘‘impracticable, unnecessary, or contrary
                                           navigable waters around and under the                                                                         to the public interest.’’ Under 5 U.S.C.
                                           firework barge within a radius of 420                   33 CFR Part 165                                       553(b)(B), the Coast Guard finds that
                                           feet in approximate position 37°48′15″                  [Docket Number USCG–2018–0910]                        good cause exists for not publishing a
                                           N, 122°23′27″ W (NAD 83) 30 minutes                                                                           notice of proposed rulemaking (NPRM)
                                                                                                   RIN 1625–AA00                                         with respect to this rule because doing
                                           prior to the start of the 10 minute
                                           fireworks display, scheduled to begin at                                                                      so would be impracticable and contrary
                                                                                                   Safety Zone; Fox River, Brown County                  to the public interest. The final details
                                           9:30 p.m. on October 20, 2018.                          Fireworks, Green Bay, WI                              for this event were not known to the
                                              (b) Enforcement period. The zone                     AGENCY:    Coast Guard, DHS.                          Coast Guard until there was insufficient
                                           described in paragraph (a) of this                                                                            time remaining before the event to
                                                                                                   ACTION:   Temporary final rule.
                                           section will be enforced from 11 a.m. on                                                                      publish an NPRM. Delaying the effective
                                           October 20, 2018 until approximately                    SUMMARY:   The Coast Guard is                         date of this rule to wait for a comment
                                           10:10 p.m. on October 20, 2018. The                     establishing a temporary safety zone on               period to run would be both
                                           Captain of the Port San Francisco                       the Fox River in Green Bay, WI, for all               impracticable and contrary to the public
                                           (COTP) will notify the maritime                         navigable waters within a 210-foot                    interest because it would inhibit the
                                           community of periods during which                       radius of the approximate launch                      Coast Guard’s ability to protect the
                                           these zones will be enforced via Notice                 position at 44°31.016′ N, 088°01.016′ W               public, vessels, mariners, and property
                                           to Mariners in accordance with 33 CFR                   (NAD 83). This action is necessary to                 from the hazards associated with the
                                           165.7.                                                  protect spectators, mariners, vessels,                fireworks display on October 26, 2018.
                                                                                                   and property from potential hazards                      Under 5 U.S.C. 553(d)(3), the Coast
                                              (c) Definitions. As used in this
                                                                                                   associated with a fireworks display.                  Guard finds that good cause exists for
                                           section, ‘‘designated representative’’
                                                                                                   Entry of vessels or persons into this                 making this rule effective less than 30
                                           means a Coast Guard Patrol                              zone is prohibited unless specifically                days after publication in the Federal
                                           Commander, including a Coast Guard                      authorized by the Captain of the Port                 Register for the same reasons discussed
                                           coxswain, petty officer, or other officer               Lake Michigan or a designated                         in the preceding paragraph. Waiting for
                                           on a Coast Guard vessel or a Federal,                   representative.                                       a 30 day notice period to run would be
                                           State, or local officer designated by or                                                                      impracticable and contrary to the public
                                           assisting the COTP in the enforcement                   DATES:  This rule is effective from 7 p.m.
                                                                                                   through 7:30 p.m. on October 26, 2018.                interest.
                                           of the safety zone.
                                                                                                   ADDRESSES: To view documents                          III. Legal Authority and Need for Rule
                                              (d) Regulations. (1) Under the general               mentioned in this preamble as being
                                           regulations in 33 CFR part 165, subpart                 available in the docket, go to http://                  The legal basis for this rule is the
                                           C, entry into, transiting or anchoring                  www.regulations.gov, type USCG–2018–                  Coast Guard’s authority to establish
                                           within this safety zone is prohibited                   0910 in the ‘‘SEARCH’’ box and click                  safety zones: 33 U.S.C. 1231; 33 CFR
                                           unless authorized by the COTP or the                    ‘‘SEARCH.’’ Click on Open Docket                      1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           COTP’s designated representative.                       Folder on the line associated with this               Department of Homeland Security
                                                                                                   rule.                                                 Delegation No. 0170.1.
                                              (2) The safety zone is closed to all
                                                                                                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                           The Coast Guard will enforce a safety
                                           vessel traffic, except as may be
                                                                                                   you have questions on this document,                  zone on October 26, 2018, from 7 p.m.
                                           permitted by the COTP or a designated
                                                                                                   call or email the marine event                        through 7:30 p.m., for a fireworks
                                           representative.
                                                                                                   coordinator, MSTC Kaleena Carpino,                    display on Fox River in Green Bay, WI.
                                              (3) Vessel operators desiring to enter                                                                     The Captain of the Port Lake Michigan
                                                                                                   Prevention Department, Coast Guard
                                           or operate within the safety zone must                                                                        has determined that this fireworks
                                                                                                   Sector Lake Michigan, Milwaukee, WI;
                                           contact the COTP or a designated                                                                              display will pose a significant risk to
                                                                                                   telephone (414) 747–7148, email D09-
                                           representative to obtain permission to                  SMB-SECLakeMichigan-WWM@                              public safety and property. Such
                                           do so. Vessel operators given permission                uscg.mil.                                             hazards include premature and
                                           to enter or operate in the safety zone                                                                        accidental detonations, falling and
                                           must comply with all directions given to                SUPPLEMENTARY INFORMATION:                            burning debris, and collisions among
                                           them by the COTP or a designated                        I. Table of Abbreviations                             spectator vessels.
                                           representative. Persons and vessels may                                                                       IV. Discussion of the Rule
                                                                                                   CFR Code of Federal Regulations
                                           request permission to enter the safety                  DHS Department of Homeland Security
                                           zones on VHF–23A or through the 24-                                                                              With the aforementioned hazards in
                                                                                                   FR Federal Register
                                           hour Command Center at telephone                        NPRM Notice of proposed rulemaking                    mind, the Captain of the Port Lake
                                           (415) 399–3547.                                         § Section                                             Michigan has determined that this
                                                                                                   U.S.C. United States Code                             temporary safety zone is necessary to
                                             Dated: October 16, 2018.                                                                                    protect persons and vessels during the
                                           Anthony J. Ceraolo,                                     II. Background Information and                        fireworks display in the waters of Fox
                                           Captain, U.S. Coast Guard, Captain of the
                                                                                                   Regulatory History                                    River, in Green Bay, WI. This zone is
                                           Port, San Francisco.                                       The Coast Guard is issuing this                    effective and will be enforced from 7
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                                           [FR Doc. 2018–22825 Filed 10–18–18; 8:45 am]            temporary rule without prior notice and               p.m. through 7:30 p.m. on October 26,
                                           BILLING CODE 9110–04–P                                  opportunity to comment pursuant to                    2018. The safety zone will encompass
                                                                                                   authority under section 4(a) of the                   all navigable waters of Fox River within
                                                                                                   Administrative Procedure Act (APA) (5                 a 210-foot radius of the approximate
                                                                                                   U.S.C. 553(b)). This provision                        launch position at 44°31.016′ N,
                                                                                                   authorizes an agency to issue a rule                  088°01.016′ W (NAD 83).


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                                           52982             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations

                                             Entry into, transiting, or anchoring                  the affected portion of Fox River, in                 because it does not have a substantial
                                           within the safety zone is prohibited                    Green Bay, WI between 7 p.m. through                  direct effect on one or more Indian
                                           unless authorized by the Captain of the                 7:30 p.m. on October 26, 2018. This                   tribes, on the relationship between the
                                           Port Lake Michigan or a designated on-                  safety zone will not have a significant               Federal Government and Indian tribes,
                                           scene representative. The Captain of the                economic impact on a substantial                      or on the distribution of power and
                                           Port or a designated on-scene                           number of small entities for the reasons              responsibilities between the Federal
                                           representative may be contacted via                     cited in the Regulatory Planning and                  Government and Indian tribes. If you
                                           VHF Channel 16.                                         Review section. Additionally, before the              believe this rule has implications for
                                                                                                   enforcement of the zone, we will issue                federalism or Indian tribes, please
                                           V. Regulatory Analyses
                                                                                                   local Broadcast Notice to Mariners and                contact the person listed in the FOR
                                             We developed this rule after                          Public Notice of Safety Zone so vessel                FURTHER INFORMATION CONTACT section
                                           considering numerous statutes and                       owners and operators can plan                         above.
                                           Executive Orders related to rulemaking.                 accordingly.
                                           Below we summarize our analyses                            Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                           based on a number of these statutes and                 Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                           Executive Orders, and we discuss First                  Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                           Amendment rights of protestors.                         we want to assist small entities in                   Federal agencies to assess the effects of
                                                                                                   understanding this rule. If the rule                  their discretionary regulatory actions. In
                                           A. Regulatory Planning and Review
                                                                                                   would affect your small business,                     particular, the Act addresses actions
                                              Executive Orders 12866 and 13563                     organization, or governmental                         that may result in the expenditure by a
                                           direct agencies to assess the costs and                 jurisdiction and you have questions                   State, local, or tribal government, in the
                                           benefits of available regulatory                        concerning its provisions or options for              aggregate, or by the private sector of
                                           alternatives and, if regulation is                      compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                           necessary, to select regulatory                         listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                           approaches that maximize net benefits.                  CONTACT section.                                      will not result in such an expenditure,
                                           Executive Order 13771 directs agencies                     Small businesses may send comments                 we do discuss the effects of this rule
                                           to control regulatory costs through a                   on the actions of Federal employees                   elsewhere in this preamble.
                                           budgeting process. This rule has not                    who enforce, or otherwise determine
                                           been designated a ‘‘significant                         compliance with, Federal regulations to               F. Environment
                                           regulatory action,’’ under Executive                    the Small Business and Agriculture                      We have analyzed this rule under
                                           Order 12866. Accordingly, this rule has                 Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                           not been reviewed by the Office of                      and the Regional Small Business                       Directive 023–01 and Commandant
                                           Management and Budget (OMB), and                        Regulatory Fairness Boards. The                       Instruction M16475.1D, which guide the
                                           pursuant to OMB guidance it is exempt                   Ombudsman evaluates these actions                     Coast Guard in complying with the
                                           from the requirements of Executive                      annually and rates each agency’s                      National Environmental Policy Act of
                                           Order 13771.                                            responsiveness to small business. If you              1969 (42 U.S.C. 4321–4370f), and have
                                              This regulatory action determination                 wish to comment on actions by                         determined that this action is one of a
                                           is based on the size, location, duration,               employees of the Coast Guard, call 1–                 category of actions that do not
                                           and time-of-year of the safety zone. The                888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                           safety zone created by this rule will be                Coast Guard will not retaliate against                significant effect on the human
                                           relatively small and enforced for only 30               small entities that question or complain              environment. This rule involves the
                                           minutes. Under certain conditions,                      about this rule or any policy or action               establishment of a safety zone
                                           vessels may still transit through the                   of the Coast Guard.                                   surrounding a fireworks display on Fox
                                           safety zone when permitted by the                                                                             River, in Green Bay, WI. It is
                                           Captain of the Port. Moreover, the Coast                C. Collection of Information                          categorically excluded from further
                                           Guard will issue Broadcast Notice to                      This rule will not call for a new                   review under paragraph L[60(a)] of
                                           Mariners via VHF–FM marine channel                      collection of information under the                   Appendix A, Table 1 of DHS Instruction
                                           16 about the zone.                                      Paperwork Reduction Act of 1995 (44                   Manual 023–01–001–01, Rev. 01. A
                                                                                                   U.S.C. 3501–3520).                                    Record of Environmental Consideration
                                           B. Impact on Small Entities
                                                                                                   D. Federalism and Indian Tribal                       supporting this determination is
                                              The Regulatory Flexibility Act of                                                                          available in the docket where indicated
                                           1980, 5 U.S.C. 601–612, as amended,                     Governments
                                                                                                                                                         under ADDRESSES.
                                           requires Federal agencies to consider                      A rule has implications for federalism
                                           the potential impact of regulations on                  under Executive Order 13132,                          G. Protest Activities
                                           small entities during rulemaking. The                   Federalism, if it has a substantial direct              The Coast Guard respects the First
                                           term ‘‘small entities’’ comprises small                 effect on the States, on the relationship             Amendment rights of protesters.
                                           businesses, not-for-profit organizations                between the national government and                   Protesters are asked to contact the
                                           that are independently owned and                        the States, or on the distribution of                 person listed in the FOR FURTHER
                                           operated and are not dominant in their                  power and responsibilities among the                  INFORMATION CONTACT section to
                                           fields, and governmental jurisdictions                  various levels of government. We have                 coordinate protest activities so that your
                                           with populations of less than 50,000.                   analyzed this rule under that Order and               message can be received without
                                           The Coast Guard certifies under 5 U.S.C.                have determined that it is consistent                 jeopardizing the safety or security of
                                           605(b) that this rule will not have a                   with the fundamental federalism
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                                                                                                                                                         people, places or vessels.
                                           significant economic impact on a                        principles and preemption requirements
                                           substantial number of small entities.                   described in Executive Order 13132.                   List of Subjects in 33 CFR Part 165
                                              This rule will affect the following                     Also, this rule does not have tribal                 Harbors, Marine safety, Navigation
                                           entities, some of which might be small                  implications under Executive Order                    (water), Reporting and recordkeeping
                                           entities: The owners or operators of                    13175, Consultation and Coordination                  requirements, Security measures,
                                           vessels intending to transit or anchor in               with Indian Tribal Governments,                       Waterways.


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                                                             Federal Register / Vol. 83, No. 203 / Friday, October 19, 2018 / Rules and Regulations                                                52983

                                             For the reasons discussed in the                      ENVIRONMENTAL PROTECTION                              form. Publicly available docket
                                           preamble, the Coast Guard amends 33                     AGENCY                                                materials are available through http://
                                           CFR part 165 as follows:                                                                                      www.regulations.gov, or please contact
                                                                                                   40 CFR Part 52                                        the person identified in the FOR FURTHER
                                           PART 165—REGULATED NAVIGATION                           [EPA–R08–OAR–2018–0309 and EPA–R10–                   INFORMATION CONTACT section for
                                           AREAS AND LIMITED ACCESS AREAS                          OAR–2018–0316: FRL–9985–28–Region 8                   additional availability information.
                                                                                                   and Region 10]                                        FOR FURTHER INFORMATION CONTACT:
                                           ■ 1. The authority citation for part 165                                                                      Crystal Ostigaard, Air Program, EPA,
                                           continues to read as follows:                           Determination of Attainment by the                    Region 8, Mail Code 8P–AR, 1595
                                                                                                   Attainment Date and Clean Data                        Wynkoop Street, Denver, Colorado
                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             Determination for the Logan, UT-ID
                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                                                                         80202–1129, (303) 312–6602,
                                                                                                   2006 24-Hour PM2.5 Nonattainment                      ostigaard.crystal@epa.gov, or Matthew
                                           Department of Homeland Security Delegation              Area
                                           No. 0170.1.                                                                                                   Jentgen, Air Planning Unit, Office of Air
                                                                                                   AGENCY:  Environmental Protection                     and Waste (OAW–150), EPA, Region 10,
                                           ■ 2. Add § 165.T09–0910 to read as                      Agency (EPA).                                         1200 Sixth Avenue, Suite 900, Seattle,
                                           follows:                                                                                                      Washington 98101; (206) 553–0340;
                                                                                                   ACTION: Final rule.
                                                                                                                                                         jentgen.matthew@epa.gov.
                                           § 165.T09–0910 Safety Zone; Fox River,                  SUMMARY:    The Environmental Protection              SUPPLEMENTARY INFORMATION:
                                           Brown County Fireworks, Green Bay, WI.                  Agency (EPA) is finalizing a                          Throughout this document, wherever
                                              (a) Location. All navigable waters of                determination of attainment by the                    ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, it is
                                           Fox River within a 210-foot radius of the               attainment date and a clean data                      intended to refer to the EPA.
                                           approximate launch position at                          determination (CDD) for the 2006 24-
                                                                                                                                                         I. Background
                                           44°31.0167′ N, 088°01.016′ W (NAD 83).                  hour fine particulate matter (PM2.5)
                                                                                                   Logan, Utah (UT)-Idaho (ID)                              On October 17, 2006 (71 FR 61144),
                                              (b) Effective and enforcement period.                nonattainment area. These                             the EPA revised the level of the 24-hour
                                           This rule is effective and will be                      determinations are based upon quality-                PM2.5 NAAQS, lowering the primary
                                           enforced from 7 p.m. through 7:30 p.m.                  assured, quality-controlled and certified             and secondary standards from the 1997
                                           on October 26, 2018.                                    ambient air monitoring data for the                   standard of 65 micrograms per cubic
                                              (c) Regulations. (1) In accordance with              period 2015–2017, available in the                    meter (mg/m3) to 35 mg/m3. On
                                           the general regulations in § 165.23 of                  EPA’s Air Quality System (AQS)                        November 13, 2009 (74 FR 58688), the
                                           this part, entry into, transiting, or                   database, showing that the area has                   EPA designated several areas as
                                           anchoring within this safety zone is                    attained the 2006 24-hour PM2.5                       nonattainment for the 24-hour PM2.5
                                           prohibited unless authorized by the                     National Ambient Air Quality Standards                NAAQS of 35 mg/m3, including the
                                           Captain of the Port Lake Michigan or a                  (NAAQS). Based on the final                           Logan, Utah UT-ID nonattainment area.
                                           designated on-scene representative.                     determination that the Logan, UT-ID                      On July 17, 2018 (83 FR 33886), the
                                                                                                   nonattainment area is currently                       EPA proposed to determine, based on
                                              (2) This safety zone is closed to all                                                                      the most recent 3 years (2015–2017) of
                                                                                                   attaining the 24-hour PM2.5 NAAQS, the
                                           vessel traffic, except as may be                                                                              valid data,1 that the Logan, UT-ID
                                                                                                   EPA is also issuing the final
                                           permitted by the Captain of the Port                                                                          nonattainment area has attained the
                                                                                                   determination that the obligation for
                                           Lake Michigan or a designated on-scene                                                                        2006 primary and secondary 24-hour
                                                                                                   Utah and Idaho to make submissions to
                                           representative.                                                                                               PM2.5 NAAQS by the December 31, 2017
                                                                                                   meet certain Clean Air Act (CAA or the
                                              (3) The ‘‘on-scene representative’’ of               Act) requirements related to attainment               attainment date. In addition, based on
                                           the Captain of the Port Lake Michigan                   of the NAAQS for this area is not                     the CDD, the EPA also proposed to
                                           is any Coast Guard commissioned,                        applicable for as long as the area                    determine that the obligation to submit
                                           warrant or petty officer who has been                   continues to attain the NAAQS.                        any remaining attainment-related SIP
                                           designated by the Captain of the Port                   Additionally, the sanctions and Federal               revisions arising from classification of
                                           Lake Michigan to act on his or her                      Implementation Plan (FIP) clocks                      the Logan, UT-ID area as a Moderate
                                           behalf.                                                 triggered by the partial disapproval of               nonattainment area under subpart 4 of
                                                                                                   the contingency measure element for the               part D (of title I of the Act) for the 2006
                                              (4) Vessel operators desiring to enter
                                                                                                   Idaho portion of the Logan, UT-ID PM2.5               24-hour PM2.5 NAAQS is not applicable
                                           or operate within the safety zone must
                                                                                                   State Implementation Plan (SIP) will be               so long as the area continues to attain
                                           contact the Captain of the Port Lake
                                                                                                   suspended.                                            the 2006 24-hour PM2.5 NAAQS.
                                           Michigan or an on-scene representative
                                                                                                   DATES: This final rule is effective on
                                                                                                                                                         Additional detail can be found in the
                                           to obtain permission to do so. The
                                                                                                   October 19, 2018.                                     July 17, 2018 (83 FR 33886) proposed
                                           Captain of the Port Lake Michigan or an
                                                                                                                                                         action.
                                           on-scene representative may be                          ADDRESSES: The EPA has established
                                           contacted via VHF Channel 16. Vessel                    dockets for this action under Docket ID               II. Response to Comments
                                           operators given permission to enter or                  No. EPA–R08–OAR–2018–0309 and/or                         The EPA received eight public
                                           operate in the safety zone must comply                  Docket ID No. EPA–R10–OAR–2018–                       comments on the proposed action.
                                           with all directions given to them by the                0316. All documents in the docket are                 Three of the comments related to
                                           Captain of the Port Lake Michigan or an                 listed on the https://                                forestry practices and wildfire
                                           on-scene representative.                                www.regulations.gov website. Although                 management, primarily in California.
                                                                                                   listed in the index, some information is
amozie on DSK3GDR082PROD with RULES




                                             Dated: October 2, 2018.                                                                                     One comment related to child labor
                                                                                                   not publicly available, e.g., CBI or other            practices in South America. One
                                           Thomas J. Stuhlreyer,                                   information whose disclosure is                       comment related to homelessness in
                                           Captain, U.S. Coast Guard, Captain of the               restricted by statute. Certain other                  California. Another comment discussed
                                           Port.                                                   material, such as copyrighted material,
                                           [FR Doc. 2018–22845 Filed 10–18–18; 8:45 am]            is not placed on the internet and will be               1 Meeting the requirements of 40 CFR part 50,

                                           BILLING CODE 9110–04–P                                  publicly available only in hard copy                  appendix N, and part 58.



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Document Created: 2018-10-19 01:26:12
Document Modified: 2018-10-19 01:26:12
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 p.m. through 7:30 p.m. on October 26, 2018.
ContactIf you have questions on this document, call or email the marine event coordinator, MSTC Kaleena Carpino, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI; telephone (414) 747-7148, email D09-SMB-SECLakeMichigan- [email protected]
FR Citation83 FR 52981 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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