Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone, 29237-29238 [2017-13460]

Download as PDF Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations arrangements established by qualified state political subdivisions. The December 20, 2016, final rule became effective on January 19, 2017. (81 FR 59464, Aug. 30, 2016). On February 15, 2017, the United States House of Representatives, under authority of the Congressional Review Act (5 U.S.C. 801 et seq.), passed joint resolution H.J. Res. 66 disapproving the August 30, 2016, final rule published in 81 FR 59464. (Cong. Rec. p. H1206– 1218.) The Senate passed H.J. Res. 66 on May 3, 2017. (Cong. Rec. p. S2692– 2712.) President Trump signed the resolution into law on May 17, 2017, as Public Law 115–35. Also on February 15, 2017, the United States House of Representatives, under authority of the Congressional Review Act, passed joint resolution H.J. Res. 67 disapproving the December 20, 2016, final rule published in 81 FR 92639. (Cong. Rec. p. H1218.) The Senate passed H.J. Res. 67 on March 30, 2017 (Cong. Rec. p. S2121–2122.), and President Trump signed it into law on April 13, 2017, as Public Law 115– 24. Accordingly, as required by Public Law 115–35 and Public Law 115–24, the Department is hereby revising the Code of Federal Regulations to reflect Congress’s disapproval of both final rules. List of Subjects in 29 CFR Part 2510 Accounting, Coverage, Employee benefit plans, Employee Retirement Income Security Act, Pensions, Reporting. For the reasons stated above and under the authority of the Congressional Review Act (5 U.S.C. 801 et seq.), Public Law 115–35 (May 17, 2017), and Public Law 115–24 (April 13, 2017), the Department of Labor amends 29 CFR part 2510 as follows: PART 2510—DEFINITIONS OF TERMS USED IN SUBCHAPTERS C, D, E, F, G, AND L OF THIS CHAPTER 1. The authority citation for part 2510 continues to read as follows: ■ rmajette on DSK2TPTVN1PROD with RULES Authority: 29 U.S.C. 1002(2), 1002(21), 1002(37), 1002(38), 1002(40), 1031, and 1135; Secretary of Labor’s Order No. 1–2011, 77 FR 1088 (Jan. 9, 2012); Secs. 2510.3–21, 2510.3– 101 and 2510.3–102 also issued under sec. 102 of Reorganization Plan No. 4 of 1978, 5 U.S.C. App. at 237 (2012), E.O. 12108, 44 FR 1065 (Jan. 3, 1979) and 29 U.S.C. 1135 note. Sec. 2510.3–38 is also issued under sec. 1, Pub. L. 105–72, 111 Stat. 1457 (1997). 2. Amend § 2510.3–2 by revising paragraph (a) and removing paragraph (h) to read as follows: ■ § 2510.3–2 Employee pension benefit plan. (a) General. This section clarifies the limits of the defined terms ‘‘employee VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 pension benefit plan’’ and ‘‘pension plan’’ for purposes of Title I of the Act and this chapter by identifying certain specific plans, funds and programs which do not constitute employee pension benefit plans for those purposes. To the extent that these plans, funds and programs constitute employee welfare benefit plans within the meaning of section 3(1) of the Act and § 2510.3–1, they will be covered under Title I; however, they will not be subject to parts 2 and 3 of Title I of the Act. * * * * * Signed at Washington, DC, this 22nd day of June, 2017. Timothy D. Hauser, Deputy Assistant Secretary for Program Operations, Employee Benefits Security Administration, Department of Labor. [FR Doc. 2017–13459 Filed 6–27–17; 8:45 am] BILLING CODE 4510–29–P CENTRAL INTELLIGENCE AGENCY 32 CFR Part 1908 Mandatory Declassification Review CFR Correction In Title 32 of the Code of Federal Regulations, Part 800 to end, revised as of July 1, 2016, on page 474, revise § 1908.04 to read as follows: § 1908.04 Suggestions and complaints. The Agency welcomes suggestions, comments, or complaints with regard to its administration of the mandatory declassification review program established under Executive Order 13526. Members of the public shall address such communications to the CIA Information and Privacy Coordinator. The Agency will respond as determined feasible and appropriate under the circumstances. [FR Doc. 2017–13496 Filed 6–27–17; 8:45 am] BILLING CODE 1300–00–D DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0258] Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 29237 The Coast Guard will enforce a safety zone for the City of Cleveland 4th of July, on Lake Erie and the Cleveland Harbor from 9:30 p.m. through 11 p.m. on Tuesday, July 4th, 2017. This action is necessary to provide for the safety of life and property on navigable waters during this event. Our regulation for Annual Fireworks Events in the Captain of the Port Buffalo Zone identifies the safety zone for this event. During the enforcement period, no person or vessel may enter the respective safety zone without the permission of the Captain of the Port Buffalo. DATES: The regulation in 33 CFR 165.939(a)(25) will be enforced from 9:30 p.m. through 11 p.m. on July 4, 2017. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice of enforcement, call or email LT Ryan Junod, Coast Guard; telephone 216– 937–0124, email ryan.s.junod@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone listed in 33 CFR 165.939 for the following event: City of Cleveland 4th of July, Cleveland, OH; The safety zone listed in 33 CFR 165.939(a)(25) will be enforced from 9:30 p.m. through 11 p.m. on July 4, 2017. The safety zone will encompass all navigable waters of Lake Erie and Cleveland Harbor within a 1,000 foot radius of land position 41°30′10″ N., 081°42′36″ W. (NAD 83) at Dock 20 in Cleveland, OH. This action is necessary to provide for the safety of life and property on navigable waters during this event. Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring within these safety zones during an enforcement period is prohibited unless authorized by the Captain of the Port Buffalo or his designated representative. Those seeking permission to enter one of these safety zones may request permission from the Captain of Port Buffalo via channel 16, VHF–FM. Vessels and persons granted permission to enter this safety zone shall obey the directions of the Captain of the Port Buffalo or his designated representative. While within the safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course. This notice of enforcement is issued under authority of 33 CFR 165.939 and 5 U.S.C. 552(a). In addition to this notification in the Federal Register, the Coast Guard will provide the maritime community with advance notification of these enforcement periods via Broadcast Notice to Mariners and Local Notice to Mariners. If the Captain of the Port SUMMARY: E:\FR\FM\28JNR1.SGM 28JNR1 29238 Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations Buffalo determines that this safety zone need not be enforced for the full duration stated in this notice of enforcement, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the respective safety zone. Dated: June 21, 2017. J.S. DuFresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2017–13460 Filed 6–27–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0324] RIN 1625–AA00 Safety Zone; City of Oswego Independence Day Celebration; Lake Ontario, Oswego, NY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on the Lake Ontario, Oswego, NY. This safety zone is intended to restrict vessels from a portion of Lake Ontario during the Independence Day Celebration fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. DATES: This rule is effective from 9:30 p.m. until 10:15 p.m. on July 2, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0324 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716– 843–9322, email SectorBuffaloMarineSafety@uscg.mil. SUPPLEMENTARY INFORMATION: rmajette on DSK2TPTVN1PROD with RULES SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 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. The final details of 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 impracticable because it would inhibit the Coast Guard’s ability to protect mariners and vessels from the hazards associated with a fireworks show. For the same reason, under 5 U.S.C. 553(d)(3), the Coast Guard also finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Buffalo (COTP) has determined that a maritime fireworks show presents significant risks to public safety and property. Such hazards include premature and accidental detonations, dangerous projectiles, and falling or burning debris. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the fireworks show is taking place. IV. Discussion of the Rule This rule establishes a safety zone on July 2, 2017 from 9:30 p.m. until 10:15 p.m. The safety zone will encompass all waters of Lake Ontario, Oswego, NY contained within a 350-foot radius of position 43°27′56.82″ N. and 076°30′59.02″ 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. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive order 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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB’s Memorandum titled ‘‘Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). 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 a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. E:\FR\FM\28JNR1.SGM 28JNR1

Agencies

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Rules and Regulations]
[Pages 29237-29238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13460]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0258]


Safety Zones; Annual Fireworks Events in the Captain of the Port 
Buffalo Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the City of 
Cleveland 4th of July, on Lake Erie and the Cleveland Harbor from 9:30 
p.m. through 11 p.m. on Tuesday, July 4th, 2017. This action is 
necessary to provide for the safety of life and property on navigable 
waters during this event. Our regulation for Annual Fireworks Events in 
the Captain of the Port Buffalo Zone identifies the safety zone for 
this event. During the enforcement period, no person or vessel may 
enter the respective safety zone without the permission of the Captain 
of the Port Buffalo.

DATES: The regulation in 33 CFR 165.939(a)(25) will be enforced from 
9:30 p.m. through 11 p.m. on July 4, 2017.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice 
of enforcement, call or email LT Ryan Junod, Coast Guard; telephone 
216-937-0124, email ryan.s.junod@uscg.mil.

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety 
Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone 
listed in 33 CFR 165.939 for the following event:
    City of Cleveland 4th of July, Cleveland, OH; The safety zone 
listed in 33 CFR 165.939(a)(25) will be enforced from 9:30 p.m. through 
11 p.m. on July 4, 2017. The safety zone will encompass all navigable 
waters of Lake Erie and Cleveland Harbor within a 1,000 foot radius of 
land position 41[deg]30'10'' N., 081[deg]42'36'' W. (NAD 83) at Dock 20 
in Cleveland, OH. This action is necessary to provide for the safety of 
life and property on navigable waters during this event. Pursuant to 33 
CFR 165.23, entry into, transiting, or anchoring within these safety 
zones during an enforcement period is prohibited unless authorized by 
the Captain of the Port Buffalo or his designated representative. Those 
seeking permission to enter one of these safety zones may request 
permission from the Captain of Port Buffalo via channel 16, VHF-FM. 
Vessels and persons granted permission to enter this safety zone shall 
obey the directions of the Captain of the Port Buffalo or his 
designated representative. While within the safety zone, all vessels 
shall operate at the minimum speed necessary to maintain a safe course.
    This notice of enforcement is issued under authority of 33 CFR 
165.939 and 5 U.S.C. 552(a). In addition to this notification in the 
Federal Register, the Coast Guard will provide the maritime community 
with advance notification of these enforcement periods via Broadcast 
Notice to Mariners and Local Notice to Mariners. If the Captain of the 
Port

[[Page 29238]]

Buffalo determines that this safety zone need not be enforced for the 
full duration stated in this notice of enforcement, he or she may use a 
Broadcast Notice to Mariners to grant general permission to enter the 
respective safety zone.

    Dated: June 21, 2017.
J.S. DuFresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-13460 Filed 6-27-17; 8:45 am]
BILLING CODE 9110-04-P

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