Safety Zone; Light the Night Leukemia and Lymphoma Society Fireworks, Maumee River, Toledo, OH, 48931-48933 [2017-22948]

Download as PDF Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations 48931 SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS—Continued Validated end-user Country Eligible items (by ECCN) Eligible destination Federal Register citation ** Lam Research Service Co., Ltd. (Wuhan Representative Office), Room 302, Guanggu Software Park Building E4, No. 1 Guanshan Road, Wuhan, Hubei Province, China 430074. ** Lam Research Service Co., Ltd. (Wuxi Branch), Room 302, Building 6, Singapore International Park, No. 89 Xing Chuang Si Road, Wuxi New District, Wuxi, Jiangsu, China 214028. ** Lam Research Service (Shanghai) Co., Ltd. (Xi’an Branch), Room 602, Building G, Wangzuo Xiandai City, 35 Tangyan Road, Gaoxin District, Xi’an, China 710065. * * * * * Documents mentioned in this preamble are part of docket [USCG– 2017–0923]. To view documents mentioned in this preamble as being available in the docket, go to http:// 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or email MST1 Ryan Erpelding, Waterways Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418–6037, email Ryan.G.Erpelding@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: Dated: October 11, 2017. Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2017–22649 Filed 10–20–17; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2017–0923] RIN 1625–AA00 Safety Zone; Light the Night Leukemia and Lymphoma Society Fireworks, Maumee River, Toledo, OH Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone in the Captain of the Port Detroit Zone on the Maumee River, Toledo, Ohio. This zone is intended to restrict vessels from portions of the Maumee River for the Light the Night Leukemia and Lymphoma Society Fireworks Display. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port or his designated representative. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. DATES: This regulation is effective from 8 p.m. through 9 p.m. on October 22, 2017. jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 14:55 Oct 20, 2017 Jkt 244001 Table of Acronyms II. Legal Authority and Need for Rule 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 I. Background Information and Regulatory History 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. The event sponsor notified the Coast Guard with PO 00000 Frm 00029 Fmt 4700 insufficient time to accommodate the comment period. Thus, delaying the effective date of this rule to wait for the comment period to run would be impracticable and contrary to the public interest because it would prevent the Captain of the Port Detroit from keeping the public safe from the hazards associated with a maritime fireworks displays. 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. Waiting for a 30-day effective period to run is impracticable and contrary to the public interest for the reasons discussed in the preceding paragraph. Sfmt 4700 The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Detroit (COTP) has determined that potential hazards associated with fireworks displays starting after 8 p.m. on October 22, 2017 will be a safety concern for anyone within a 725-foot radius of the launch site. The likely combination of recreational vessels, darkness punctuated by bright flashes of light, and fireworks debris falling into the water presents risks of collisions which could result in serious injuries or fatalities. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the fireworks display. III. Discussion of the Rule This rule establishes a safety zone from 8 p.m. through 9 p.m. on October 22, 2017. The safety zone will encompass all U.S. navigable waters of E:\FR\FM\23OCR1.SGM 23OCR1 48932 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations the Sandusky bay within a 725-foot radius of the fireworks launch site located at position 41°38′07.9″ N., 083°31′24.4″ W. All geographic coordinates are North American Datum of 1983 (NAD 83). The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the fireworks display. All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port, Sector Detroit or the designated patrol personnel. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Sector Detroit or his designated representative. The Captain of the Port, Sector Detroit or his designated representative may be contacted via VHF Channel 16. jstallworth on DSKBBY8HB2PROD with RULES IV. 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 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory Review’’) 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 including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’), directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has not reviewed it. 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 VerDate Sep<11>2014 14:55 Oct 20, 2017 Jkt 244001 Section 2 of the Executive Order of January 30, 2017 titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). This regulatory action determination is based on the size, location, and duration of the safety zone. The majority of vessel traffic will be able to safely transit around the safety zone, which will impact only a portion of the Maumee River in Toledo, OH for a short period time. 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 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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. Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this temporary rule on small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 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 Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting one hour that will prohibit entry within a 350-yard radius from where a fireworks display will be E:\FR\FM\23OCR1.SGM 23OCR1 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Rules and Regulations conducted. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: (3) The ‘‘designated representative’’ of the Captain of the Port Detroit is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port Detroit to act on his behalf. The designated representative of the Captain of the Port Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port Detroit or his designated representative may be contacted via VHF Channel 16. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Detroit or his designated representative to obtain permission to do so. 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 Detroit or his designated representative. Dated: October 18, 2017. Kevin D. Floyd, Commander, U.S. Coast Guard, Acting, Captain of the Port Detroit. [FR Doc. 2017–22948 Filed 10–20–17; 8:45 am] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS BILLING CODE 9110–04–P ■ 1. The authority citation for part 165 continues to read as follows: POSTAL SERVICE 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. 39 CFR Part 20 2. Add § 165.T09–0632 to read as follows: AGENCY: § 165.T09–0632 Safety Zone; Light the Night Leukemia and Lymphoma Society, Maumee River, Toledo, OH. The Postal Service is revising Mailing Standards of the United States Postal Service, International Mail Manual (IMM®), to reflect the prices, product features, and classification changes to Competitive Services, as established by the Governors of the Postal Service. DATES: Effective: January 21, 2018. FOR FURTHER INFORMATION CONTACT: Paula Rabkin at 202–268–2537. SUPPLEMENTARY INFORMATION: New prices will be posted under Docket Number CP2018–8 on the Postal Regulatory Commission’s Web site at http://www.prc.gov. This final rule describes the international price and classification changes and the corresponding mailing standards changes for the following Competitive Services: • Global Express Guaranteed® (GXG®). • Priority Mail Express International®. • Priority Mail International®. • First-Class Package International Service® (FCPIS®). jstallworth on DSKBBY8HB2PROD with RULES ■ ACTION: 14:55 Oct 20, 2017 Jkt 244001 Postal ServiceTM. Final rule. SUMMARY: (a) Location. The following area is a temporary safety zone: All U.S. navigable waters of the Maumee River, Toledo, OH within a 725-foot radius of the fireworks launch site located at position 41°38′07.9″ N., 083°31′24.4″ W. All geographic coordinates are North American Datum of 1983 (NAD 83). (b) Effective period. This regulation is effective from 8 p.m. through 9 p.m. on October 22, 2017. The Captain of the Port Detroit, or a designated representative may suspend enforcement of the safety zone at any time. (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 Detroit, or his designated representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Detroit or his designated representative. VerDate Sep<11>2014 International Competitive Services Product and Price Changes PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 48933 • International Priority Airmail® (IPA®). • International Surface Air Lift® (ISAL®). • Direct Sacks of Printed Matter to One Addressee (Airmail M-bag® services). • The following international extra services and fees: • International Insurance. • International Certificate of Mailing. • International Registered Mail. • International Return Receipt. • International Postal Money Orders. • International Money Order Inquiry Fee. • International Money Transfer Service. • Customs Clearance and Delivery Fee. New prices will be located on the Postal Explorer® Web site at http:// pe.usps.com. Global Express Guaranteed Global Express Guaranteed (GXG) service provides fast international shipping and date-certain delivery with a money-back guarantee, with international transportation and delivery provided through an alliance with FedEx Express®. The price increase for GXG service averages 3.9 percent. The Postal Service provides Commercial Base pricing to online customers who prepare and pay for GXG shipments via USPS-approved payment methods (other than Click-N-Ship® service), with a 5 percent discount off the published retail prices for GXG service. Customers who prepare GXG shipments via Click-N-Ship service will continue to pay retail prices. Commercial Plus prices are set to match the Commercial Base prices. Priority Mail Express International Priority Mail Express International service provides fast service to approximately 180 countries in 3–5 business days, for many major markets, although the actual number of days may vary based upon origin, destination and customs delays. Priority Mail Express International with Money-Back Guarantee service is available for certain destinations. The price increase for Priority Mail Express International service averages 3.9 percent. The Commercial Base price for customers who prepare and pay for Priority Mail Express International shipments via permit imprint, online at USPS.com®, or as registered end-users using an authorized PC Postage vendor (with the exception of Click-N-Ship service) will E:\FR\FM\23OCR1.SGM 23OCR1

Agencies

[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Rules and Regulations]
[Pages 48931-48933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22948]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0923]
RIN 1625-AA00


Safety Zone; Light the Night Leukemia and Lymphoma Society 
Fireworks, Maumee River, Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
Captain of the Port Detroit Zone on the Maumee River, Toledo, Ohio. 
This zone is intended to restrict vessels from portions of the Maumee 
River for the Light the Night Leukemia and Lymphoma Society Fireworks 
Display. Persons and vessels are prohibited from entering into, 
transiting through, or anchoring within this safety zone unless 
authorized by the Captain of the Port or his designated representative. 
This temporary safety zone is necessary to protect spectators and 
vessels from the hazards associated with fireworks displays.

DATES: This regulation is effective from 8 p.m. through 9 p.m. on 
October 22, 2017.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2017-0923]. To view documents mentioned in this preamble as being 
available in the docket, go to http://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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email MST1 Ryan Erpelding, Waterways 
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 
418-6037, email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

I. Background Information and Regulatory History

    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. The event sponsor notified the Coast Guard 
with insufficient time to accommodate the comment period. Thus, 
delaying the effective date of this rule to wait for the comment period 
to run would be impracticable and contrary to the public interest 
because it would prevent the Captain of the Port Detroit from keeping 
the public safe from the hazards associated with a maritime fireworks 
displays.
    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. Waiting for a 30-day effective 
period to run is impracticable and contrary to the public interest for 
the reasons discussed in the preceding paragraph.

II. 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 Detroit (COTP) has determined that 
potential hazards associated with fireworks displays starting after 8 
p.m. on October 22, 2017 will be a safety concern for anyone within a 
725-foot radius of the launch site. The likely combination of 
recreational vessels, darkness punctuated by bright flashes of light, 
and fireworks debris falling into the water presents risks of 
collisions which could result in serious injuries or fatalities. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

III. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 9 p.m. on 
October 22, 2017. The safety zone will encompass all U.S. navigable 
waters of

[[Page 48932]]

the Sandusky bay within a 725-foot radius of the fireworks launch site 
located at position 41[deg]38'07.9'' N., 083[deg]31'24.4'' W. All 
geographic coordinates are North American Datum of 1983 (NAD 83).
    The duration of the zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters during the 
fireworks display. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port, Sector Detroit or 
the designated patrol personnel. Entry into, transiting, or anchoring 
within the safety zone is prohibited unless authorized by the Captain 
of the Port, Sector Detroit or his designated representative. The 
Captain of the Port, Sector Detroit or his designated representative 
may be contacted via VHF Channel 16.

IV. 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 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') 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 including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity. 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs''), directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, the Office of Management and Budget (OMB) has 
not reviewed it. 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).
    This regulatory action determination is based on the size, 
location, and duration of the safety zone. The majority of vessel 
traffic will be able to safely transit around the safety zone, which 
will impact only a portion of the Maumee River in Toledo, OH for a 
short period time. 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 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. 
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. While 
some owners or operators of vessels intending to transit the safety 
zone may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism

    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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting one hour that will prohibit entry 
within a 350-yard radius from where a fireworks display will be

[[Page 48933]]

conducted. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration supporting this determination is 
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0632 to read as follows:


Sec.  165.T09-0632  Safety Zone; Light the Night Leukemia and Lymphoma 
Society, Maumee River, Toledo, OH.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of the Maumee River, Toledo, OH within a 725-foot 
radius of the fireworks launch site located at position 
41[deg]38'07.9'' N., 083[deg]31'24.4'' W. All geographic coordinates 
are North American Datum of 1983 (NAD 83).
    (b) Effective period. This regulation is effective from 8 p.m. 
through 9 p.m. on October 22, 2017. The Captain of the Port Detroit, or 
a designated representative may suspend enforcement of the safety zone 
at any time.
    (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 Detroit, or his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated 
representative.
    (3) The ``designated representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Detroit to act on his 
behalf. The designated representative of the Captain of the Port 
Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary 
vessel. The Captain of the Port Detroit or his designated 
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his designated 
representative to obtain permission to do so. 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 Detroit or his 
designated representative.

    Dated: October 18, 2017.
Kevin D. Floyd,
Commander, U.S. Coast Guard, Acting, Captain of the Port Detroit.
[FR Doc. 2017-22948 Filed 10-20-17; 8:45 am]
 BILLING CODE 9110-04-P