Safety Zone; Officer Lehner Memorial Vintage Regatta; Buffalo Outer Harbor, Buffalo, NY, 17962-17964 [2018-08626]
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Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules
must identify this information as
‘‘confidential.’’ Any information marked
as ‘‘confidential’’ will not be disclosed
except in accordance with 21 CFR 10.20
and other applicable disclosure law. For
more information about FDA’s posting
of comments to public dockets, see 80
FR 56469, September 18, 2015, or access
the information at: https://www.gpo.gov/
fdsys/pkg/FR-2015-09-18/pdf/201523389.pdf.
Docket: For access to the docket to
read background documents or the
electronic and written/paper comments
received, go to https://
www.regulations.gov and insert the
docket number, found in brackets in the
heading of this document, into the
‘‘Search’’ box and follow the prompts
and/or go to the Dockets Management
Staff, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852.
FOR FURTHER INFORMATION CONTACT:
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Safety and Applied Nutrition, Food and
Drug Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–1450.
SUPPLEMENTARY INFORMATION:
daltland on DSKBBV9HB2PROD with PROPOSALS
I. Background
In the Federal Register of March 2,
2018 (83 FR 8953), we published a
document announcing the availability of
a draft guidance for industry entitled
‘‘The Declaration of Added Sugars on
Honey, Maple Syrup, and Certain
Cranberry Products: Guidance for
Industry.’’ The draft guidance is
intended to advise food manufacturers
of our intent to exercise enforcement
discretion related to the use in the
Nutrition Facts label of a symbol ‘‘†’’
immediately after the added sugars
percent Daily Value information on
certain foods. The symbol would lead
the reader to truthful and nonmisleading statements outside the
Nutrition Facts label to provide
additional information regarding the
added sugars present in particular
foods. The draft guidance explains that
we intend to consider exercising
enforcement discretion for the use of
this symbol on single ingredient
packages and/or containers of pure
honey or pure maple syrup, and certain
dried cranberry and cranberry juice
products that are sweetened with added
sugars, and that contain total sugars at
levels no greater than comparable
products with endogenous (inherent)
sugars, but no added sugars. We
provided a 60-day comment period that
was scheduled to close on May 1, 2018.
We have received requests to extend
the comment period for the draft
guidance (Refs. 1 and 2). The requests
conveyed concern that the current 60-
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18:10 Apr 24, 2018
Jkt 244001
day comment period does not allow
sufficient time to develop meaningful or
thoughtful comments to the draft
guidance.
We have considered the requests and
are extending the comment period for
the draft guidance for 45 additional
days, until June 15, 2018. We believe
that this extension allows adequate time
for interested persons to submit
comments without significantly
delaying finalizing the guidance.
II. References
The following references are on
display at the Dockets Management Staff
(see ADDRESSES) and are available for
viewing by interested persons between
9 a.m. and 4 p.m., Monday through
Friday; they are also available
electronically at https://
www.regulations.gov.
1. Letter from Margaret Lombard, Chief
Executive Officer, National Honey Board,
to FDA Dockets Management Staff (April
3, 2018).
2. Letter from Ray Bonenberg, President,
International Maple Syrup Institute, to
Dr. Scott Gottlieb, Commissioner of Food
and Drugs, FDA (April 4, 2018).
Dated: April 19, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–08603 Filed 4–24–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0078]
RIN 1625–AA00
Safety Zone; Officer Lehner Memorial
Vintage Regatta; Buffalo Outer Harbor,
Buffalo, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone for
certain waters of the Buffalo Outer
Harbor during the Officer Lehner
Memorial Vintage Regatta. This
proposed rulemaking would prohibit
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Buffalo or a
designated representative. We invite
your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before May 25, 2018.
SUMMARY:
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You may submit comments
identified by docket number USCG–
2018–0078 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LT Michael
Collet, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo;
telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
II. Background, Purpose, and Legal
Basis
On December 27, 2017, the Buffalo
Vintage Boat Racing Association and BR
Guest Inc., notified the Coast Guard that
it will be conducting a boat race from
10:00 a.m. to 4:00 p.m. on July 1, 2018,
on the Buffalo Outer Harbor. Hazards
from the boat regatta include high speed
vessels. The Captain of the Port Buffalo
(COTP) has determined that potential
hazards associated with the Officer
Lehner Memorial Vintage Regatta would
be a safety concern for anyone within
the designated course encompassed by
all waters inside of the Outer Harbor,
Buffalo, NY starting at position 42°
52′04″ N, 078° 53′03″ W then South to
42° 51′07″ N, 078° 52′09″ W (NAD 83).
The course will extend a minimum of
100 yards from the shore and the
breakwall.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the above stated
points before, during, and after the
scheduled event. The Coast Guard
proposes this rulemaking under
authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a
temporary safety zone, enforced
intermittently, from 9:45 a.m. to 4:15
p.m. on July 1, 2018. The safety zone
will encompass all waters inside of the
Outer Harbor, Buffalo, NY starting at
position 42° 52′04″ N, 078° 53′03″ W
then South to 42° 51′07″ N, 078° 52′09″
W (NAD 83). The course will extend a
minimum of 100 yards from the shore
and the breakwall. The duration of the
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Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules
zone is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
10:00 a.m. to 4:00 p.m. boat races. No
vessel or person would be permitted to
enter the safety zone without obtaining
permission from the COTP or a
designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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.
daltland on DSKBBV9HB2PROD with PROPOSALS
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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone, which
would impact a small designated area of
the Buffalo Outer Harbor, by transiting
a short distance in Lake Erie. The safety
zone would also have built in times
where vessels will be able to transit
through between race heats. Moreover,
the Coast Guard would issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone,
and the rule would allow vessels to seek
permission to enter 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 proposed rule would not
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18:10 Apr 24, 2018
Jkt 244001
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV. A. above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
121), we want to assist small entities in
understanding this proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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 proposed rule has
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17963
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, which guides
the Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
made a preliminary determination 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 proposed rule
involves an intermittently enforced
safety zone lasting 6.5 hours that would
prohibit entry into all waters inside of
the Outer Harbor, Buffalo, NY starting at
position 42° 52′04″ N, 078° 53′03″ W
then South to 42° 51′07″ N, 078° 52′09″
W (NAD 83). The course will extend a
minimum of 100 yards from the shore
and the breakwall. Normally such
actions are categorically excluded from
further review under paragraph L[61] of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
preliminary Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
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.
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Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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 proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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Authority: 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.
2. Add § 165.T09–0078 to read as
follows:
■
(a) Location. The safety zone will
encompass all waters inside of the Outer
Harbor, Buffalo, NY, starting at position
Jkt 244001
[FR Doc. 2018–08626 Filed 4–24–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
Approval and Promulgation of
Implementation Plans; Texas;
Reasonable Further Progress Plan for
the Houston-Galveston-Brazoria Ozone
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
§ 165.T09–0078 Safety Zone; Officer
Lehner Memorial Vintage Regatta; Buffalo
Outer Harbor, Buffalo, NY.
18:10 Apr 24, 2018
Dated: March 21, 2018.
J.S. DuFresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[EPA–R06–OAR–2017–0056; FRL–9976–75Region 6]
1. The authority citation for part 165
continues to read as follows:
■
VerDate Sep<11>2014
42° 52′04″ N, 078° 53′03″ W then South
to 42° 51′07″ N, 078° 52′09″ W (NAD
83). The course will extend a minimum
of 100 yards from the shore and the
breakwall.
(b) Enforcement Period. This rule is
effective from 9:45 a.m. until 4:15 p.m.
on July 1, 2018.
(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.
(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 must
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.
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
SUMMARY:
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is proposing to approve a revision to the
Texas State Implementation Plan (SIP)
to meet the Reasonable Further Progress
(RFP) requirements for the HoustonGalveston-Brazoria (HGB) moderate
2008 8-hour ozone nonattainment area
(HGB area). Specifically, EPA is
proposing to approve the RFP
demonstration, contingency measures,
motor vehicle emissions budgets
(MVEBs) and an updated 2011 base year
emissions inventory.
DATES: Written comments must be
received on or before May 25, 2018.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2017–0056, at https://
www.regulations.gov or via email to
jacques.wendy@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Ms. Wendy Jacques, (214) 665–
7395, jacques.wendy@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms.
Wendy Jacques, 214–665–7395,
jacques.wendy@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Wendy Jacques
or Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
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]]>Agencies
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Proposed Rules]
[Pages 17962-17964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08626]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0078]
RIN 1625-AA00
Safety Zone; Officer Lehner Memorial Vintage Regatta; Buffalo
Outer Harbor, Buffalo, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of the Buffalo Outer Harbor during the Officer
Lehner Memorial Vintage Regatta. This proposed rulemaking would
prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Buffalo or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 25, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0078 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Michael Collet, Chief of
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9322, 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, Purpose, and Legal Basis
On December 27, 2017, the Buffalo Vintage Boat Racing Association
and BR Guest Inc., notified the Coast Guard that it will be conducting
a boat race from 10:00 a.m. to 4:00 p.m. on July 1, 2018, on the
Buffalo Outer Harbor. Hazards from the boat regatta include high speed
vessels. The Captain of the Port Buffalo (COTP) has determined that
potential hazards associated with the Officer Lehner Memorial Vintage
Regatta would be a safety concern for anyone within the designated
course encompassed by all waters inside of the Outer Harbor, Buffalo,
NY starting at position 42[deg] 52'04'' N, 078[deg] 53'03'' W then
South to 42[deg] 51'07'' N, 078[deg] 52'09'' W (NAD 83). The course
will extend a minimum of 100 yards from the shore and the breakwall.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the above stated points before, during,
and after the scheduled event. The Coast Guard proposes this rulemaking
under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a temporary safety zone, enforced
intermittently, from 9:45 a.m. to 4:15 p.m. on July 1, 2018. The safety
zone will encompass all waters inside of the Outer Harbor, Buffalo, NY
starting at position 42[deg] 52'04'' N, 078[deg] 53'03'' W then South
to 42[deg] 51'07'' N, 078[deg] 52'09'' W (NAD 83). The course will
extend a minimum of 100 yards from the shore and the breakwall. The
duration of the
[[Page 17963]]
zone is intended to ensure the safety of vessels and these navigable
waters before, during, and after the scheduled 10:00 a.m. to 4:00 p.m.
boat races. No vessel or person would be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. The regulatory text we are proposing appears at the end
of this document.
IV. Regulatory Analyses
We developed this proposed 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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone, which would
impact a small designated area of the Buffalo Outer Harbor, by
transiting a short distance in Lake Erie. The safety zone would also
have built in times where vessels will be able to transit through
between race heats. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the
rule would allow vessels to seek permission to enter 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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV. A. above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, which guides the Coast Guard in complying
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-
4370f), and have made a preliminary determination 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 proposed rule
involves an intermittently enforced safety zone lasting 6.5 hours that
would prohibit entry into all waters inside of the Outer Harbor,
Buffalo, NY starting at position 42[deg] 52'04'' N, 078[deg] 53'03'' W
then South to 42[deg] 51'07'' N, 078[deg] 52'09'' W (NAD 83). The
course will extend a minimum of 100 yards from the shore and the
breakwall. Normally such actions are categorically excluded from
further review under paragraph L[61] of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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.
[[Page 17964]]
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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: 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.T09-0078 to read as follows:
Sec. 165.T09-0078 Safety Zone; Officer Lehner Memorial Vintage
Regatta; Buffalo Outer Harbor, Buffalo, NY.
(a) Location. The safety zone will encompass all waters inside of
the Outer Harbor, Buffalo, NY, starting at position 42[deg] 52'04'' N,
078[deg] 53'03'' W then South to 42[deg] 51'07'' N, 078[deg] 52'09'' W
(NAD 83). The course will extend a minimum of 100 yards from the shore
and the breakwall.
(b) Enforcement Period. This rule is effective from 9:45 a.m. until
4:15 p.m. on July 1, 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 Buffalo or
his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must 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: March 21, 2018.
J.S. DuFresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-08626 Filed 4-24-18; 8:45 am]
BILLING CODE 9110-04-P
