Safety Zone; Bay Village Independence Day Fireworks, Lake Erie, Bay Village, OH, 30765-30767 [2013-12232]
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0313]
RIN 1625–AA00
Safety Zone; Bay Village Independence
Day Fireworks, Lake Erie, Bay Village,
OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
Lake Erie, Bay Village, OH. This safety
zone is intended to restrict vessels from
a portion of Lake Erie during the Bay
Village Independence Day Fireworks
display. This temporary safety zone is
necessary to protect spectators and
vessels from the hazards associated with
a fireworks display.
DATES: This rule is effective from 9:30
p.m. until 10:50 p.m. on July 4, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0313]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
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Jkt 229001
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. Thus, 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
spectators and vessels from the hazards
associated with a maritime fireworks
display, which are discussed further
below.
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. 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.
B. Basis and Purpose
Between 10 p.m. and 10:20 p.m. on
July 4, 2013, a fireworks display will be
held on Lake Erie near Cahoon
Memorial Park, Bay Village, OH. The
Captain of the Port Buffalo has
determined that fireworks launched
proximate to a gathering of watercraft
pose a significant risk to public safety
and property. Such hazards include
premature and accidental detonations,
dangerous projectiles, and falling or
burning debris.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of spectators and vessels during
the Bay Village Independence Day
Fireworks. This zone will be effective
and enforced from 9:30 p.m. until 10:50
p.m. on July 4, 2013. This zone will
encompass all waters of Lake Erie, Bay
Village, OH within a 560 foot radius of
position 41°29′23.93″ N and
81°55′44.56″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
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30765
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.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for
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.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities. 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
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations
to transit or anchor in a portion of Lake
Erie on the evening of July 4, 2013.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
would be activated, and thus subject to
enforcement, for only 80 minutes late in
the day. Traffic may be allowed to pass
through the zone with the permission of
the Captain of the Port. The Captain of
the Port can be reached via VHF
channel 16. Before the activation of the
zone, we would issue local Broadcast
Notice to Mariners.
3. Assistance for Small Entities
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 above.
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.
4. 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).
tkelley on DSK3SPTVN1PROD with RULES
5. Federalism
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
determined that this rule does not have
implications for federalism.
VerDate Mar<15>2010
15:47 May 22, 2013
Jkt 229001
6. 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.
7. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
8. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
9. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
10. Indian Tribal Governments
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.
11. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. Environment
We have analyzed this rule under
Department of Homeland Security
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(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 and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0313 to read as
follows:
■
§ 165.T09–0313 Safety Zone; Bay Village
Independence Day Fireworks, Lake Erie,
Bay Village, OH.
(a) Location. This zone will
encompass all waters of Lake Erie, Bay
Village, OH within a 560 foot radius of
position 41°29′23.93″ N and
81°55′44.56″ W (NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced on July 4, 2013 from 9:30 p.m.
until 10:50 p.m.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
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Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations
(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.
Dated: May 3, 2013.
S. M. Wischmann,
Captain, U. S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2013–12232 Filed 5–22–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AO58
Copayments for Medications in 2013
Department of Veterans Affairs.
Final rule.
AGENCY:
tkelley on DSK3SPTVN1PROD with RULES
ACTION:
SUMMARY: This document adopts as a
final rule, without change, an interim
final rule amending the Department of
Veterans Affairs (VA) medical
regulations to freeze the copayments
required for certain medications
provided by VA until December 31,
2013. Under that rule, the copayment
amounts for all enrolled veterans were
maintained at the same rates as they
were in 2012, which were $8 for
veterans in priority groups 2–6 and $9
for veterans in priority groups 7 and 8.
On January 1, 2014, the copayment
amounts may increase based on the
prescription drug component of the
Medical Consumer Price Index (CPI–P).
DATES: Effective Date: This rule is
effective on May 23, 2013.
FOR FURTHER INFORMATION CONTACT:
Kristin Cunningham, Director, Business
Policy, Chief Business Office, 810
Vermont Avenue NW., Washington, DC
20420, (202) 461–1599. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: On
December 31, 2012, VA published in the
Federal Register (77 FR 76865) an
interim final rule that froze copayments
required for certain medications
VerDate Mar<15>2010
15:47 May 22, 2013
Jkt 229001
provided by VA until December 31,
2013.
Under 38 U.S.C. 1722A(a), VA must
require veterans to pay a $2 copayment
for each 30-day supply of medication
furnished on an outpatient basis for the
treatment of a non-service-connected
disability or condition unless a veteran
has a service-connected disability rated
50 percent or more, is a former prisoner
of war, or has an annual income at or
below the maximum annual rate of VA
pension that would be payable if the
veteran were eligible for pension. Under
38 U.S.C. 1722A(b), VA ‘‘may,’’ by
regulation, increase that copayment
amount and establish a maximum
annual copayment amount (a ‘‘cap’’).
We have consistently interpreted
section 1722A(b) to mean that VA has
discretion to determine the appropriate
copayment amount and annual cap
amount for medication furnished on an
outpatient basis for covered treatment,
provided that any decision by VA to
increase the copayment amount or
annual cap amount is the subject of a
rulemaking proceeding. We have
implemented this statute in 38 CFR
17.110.
Under 38 CFR 17.110(b)(1), veterans
are obligated to pay VA a copayment for
each 30-day or less supply of
medication provided by VA on an
outpatient basis (other than medication
administered during treatment). Under
the regulation as amended by the
interim final rule published on
December 31, 2012, 77 FR 76865, for the
period from July 1, 2010, through
December 31, 2013, the copayment
amount for veterans in priority
categories 2 through 6 of VA’s health
care system is $8. 38 CFR
17.110(b)(1)(ii). Thereafter, the
copayment amount for all affected
veterans will be established using a
formula based on the prescription drug
component of the CPI–P, set forth in 38
CFR 17.110(b)(1)(iv). For veterans in
priority categories 7 and 8, the
copayment amount from July 1, 2010,
through December 31, 2011, was $9. 38
CFR 17.110(b)(1)(iii). After December
31, 2011, copayments for veterans in
priority categories 7 and 8 were subject
to the regulatory formula; however, that
formula did not trigger an increase in
the copayment amount, so it remains $9.
Current § 17.110(b)(2) also includes a
‘‘cap’’ on the total amount of
copayments in a calendar year for a
veteran enrolled in one of VA’s health
care enrollment system priority
categories 2 through 6. As a result of the
interim final rule, the annual cap is set
at $960 through December 31, 2013.
Thereafter, the cap is to increase ‘‘by
$120 for each $1 increase in the
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30767
copayment amount’’ applicable to
veterans enrolled in one of VA’s health
care enrollment system priority
categories 2 through 6.
VA invited interested persons to
submit comments on the interim final
rule on or before March 1, 2013, and we
received one comment. The commenter
suggested that VA should not charge
veterans a medication copayment. No
changes are made based on this
comment. With certain statutory
exceptions set forth in 38 CFR 17.110(c),
the provisions of 38 U.S.C. 1722A
require veterans to pay a copayment for
each 30-day or less supply of
medication furnished on an outpatient
basis for the treatment of a non-serviceconnected disability or condition. VA
has no authority to exempt veterans
from this statutory requirement.
At the end of calendar year 2013,
unless additional rulemaking is
initiated, VA will once again use the
CPI–P methodology in § 17.110(b)(1)(iv)
to determine whether to increase
copayments and calculate any mandated
increase in the copayment amount for
veterans in priority categories 2 through
8. At that time, the CPI–P as of
September 30, 2013, will be divided by
the index as of September 30, 2001,
which was 304.8. The ratio will then be
multiplied by the original copayment
amount of $7. The copayment amount of
the new calendar year will be rounded
down to the whole dollar amount. As
mandated by current § 17.110(b)(2), the
annual cap will be calculated by
increasing the cap by $120 for each $1
increase in the copayment amount. Any
change in the copayment amount and
cap, along with the associated
calculations explaining the basis for the
increase, will be published in a Federal
Register notice.
Therefore, based on the rationale set
forth here and in the interim final rule,
VA is adopting the provisions of the
interim final rule as a final rule with no
changes.
Administrative Procedure Act
In accordance with 5 U.S.C. 553(b)(B)
and (d)(3), the Secretary of Veterans
Affairs concluded that there was good
cause to dispense with the opportunity
for advance notice and opportunity for
public comment and good cause to
publish this rule with an immediate
effective date. The Secretary found that
it was impracticable and contrary to the
public interest to delay this rule for the
purpose of soliciting advance public
comment or to have a delayed effective
date. Increasing the copayment amount
on January 1, 2013, might have caused
a significant financial hardship for some
veterans.
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]]>Agencies
[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Rules and Regulations]
[Pages 30765-30767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12232]
[[Page 30765]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0313]
RIN 1625-AA00
Safety Zone; Bay Village Independence Day Fireworks, Lake Erie,
Bay Village, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Bay Village, OH. This safety zone is intended to restrict
vessels from a portion of Lake Erie during the Bay Village Independence
Day Fireworks display. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with a
fireworks display.
DATES: This rule is effective from 9:30 p.m. until 10:50 p.m. on July
4, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0313]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Christopher Mercurio, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this temporary final 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. Thus, 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 spectators and
vessels from the hazards associated with a maritime fireworks display,
which are discussed further below.
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. 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.
B. Basis and Purpose
Between 10 p.m. and 10:20 p.m. on July 4, 2013, a fireworks display
will be held on Lake Erie near Cahoon Memorial Park, Bay Village, OH.
The Captain of the Port Buffalo has determined that fireworks launched
proximate to a gathering of watercraft pose a significant risk to
public safety and property. Such hazards include premature and
accidental detonations, dangerous projectiles, and falling or burning
debris.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Bay Village
Independence Day Fireworks. This zone will be effective and enforced
from 9:30 p.m. until 10:50 p.m. on July 4, 2013. This zone will
encompass all waters of Lake Erie, Bay Village, OH within a 560 foot
radius of position 41[deg]29'23.93'' N and 81[deg]55'44.56'' W (NAD
83).
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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for 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.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities. 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
[[Page 30766]]
to transit or anchor in a portion of Lake Erie on the evening of July
4, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only 80 minutes late in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the activation of
the zone, we would issue local Broadcast Notice to Mariners.
3. Assistance for Small Entities
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 above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
8. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
9. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
10. Indian Tribal Governments
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.
11. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(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 and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0313 to read as follows:
Sec. 165.T09-0313 Safety Zone; Bay Village Independence Day
Fireworks, Lake Erie, Bay Village, OH.
(a) Location. This zone will encompass all waters of Lake Erie, Bay
Village, OH within a 560 foot radius of position 41[deg]29'23.93'' N
and 81[deg]55'44.56'' W (NAD 83).
(b) Effective and Enforcement Period. This regulation is effective
and will be enforced on July 4, 2013 from 9:30 p.m. until 10:50 p.m.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
[[Page 30767]]
(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.
Dated: May 3, 2013.
S. M. Wischmann,
Captain, U. S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2013-12232 Filed 5-22-13; 8:45 am]
BILLING CODE 9110-04-P
