Safety Zone; Blazing Paddles 2018 SUP Race; Cuyahoga River, Cleveland, OH &, 26367-26369 [2018-12301]
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Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
sradovich on DSK3GMQ082PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary safety zone lasting only 4
hours that prohibits entry on a half-mile
stretch of the Ohio River for 4 hours on
one day from June 2, 2016 through June
16, 2018. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
VerDate Sep<11>2014
15:41 Jun 06, 2018
Jkt 244001
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
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
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.
26367
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Marine
Safety Unit Pittsburgh.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. They may be contacted
on VHF–FM Channel 16 or 67.
(3) All persons and vessels permitted
to enter this safety zone must transit at
the slowest safe speed and comply with
all lawful directions issued by the COTP
or the designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public of the effective
period for the safety zone as well as any
changes in the dates and times of
enforcement through Local Notices to
Mariners (LNMs), Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: June 1, 2018.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–12283 Filed 6–6–18; 8:45 am]
BILLING CODE 9110–04–P
■
2. Add § 165.T08–0308 to read as
follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.T08–0308 Safety Zone; Ohio River,
mile marker 27.8 to mile marker 28.2,
Vanport, PA.
Coast Guard
(a) Location. The following area is a
safety zone: All navigable waters of the
Ohio River from mile marker 27.8 to
mile marker 28.2.
(b) Effective period. This section is
effective from 8 a.m. on June 2, 2018
through 6 p.m. on June 16, 2018.
(c) Enforcement period. This section
will be enforced from June 2, 2018
through June 16, 2018, subject to cargo
delivery intervals and potential
inclement weather, 30 minutes prior to,
during, and 1 hour after any cargo
movement in the vicinity of the Vanport
Highway Bridge. The Captain of the Port
Marine Safety Unit Pittsburgh (COTP) or
a designated representative will inform
the public of the enforcement period
through BNMs, LNMs, and/or Marine
Safety Information Bulletins (MSIBs) or
through other means of public notice at
least 3 hours in advance of the
enforcement period. A safety vessel will
coordinate all vessel traffic during the
enforcement of this safety zone.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23,
entry into this zone is prohibited unless
authorized by the COTP or designated
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
33 CFR Part 165
[Docket Number USCG–2018–0242]
RIN 1625–AA00
Safety Zone; Blazing Paddles 2018
SUP Race; Cuyahoga River, Cleveland,
OH&
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Cuyahoga River
during the Blazing Paddles Stand Up
Paddleboard Race. This safety zone is
intended to restrict vessels from a
portion of the Cuyahoga River during
the Blazing Paddles Stand Up
Paddleboard Race. This temporary
safety zone is necessary to protect
mariners and racers from the
navigational hazards associated with the
Stand Up Paddleboard Race.
DATES: This rule is effective from 8:30
a.m. through 11:30 a.m. on June 23,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
SUMMARY:
E:\FR\FM\07JNR1.SGM
07JNR1
26368
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0242 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:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
sradovich on DSK3GMQ082PROD with RULES
II. Background Information and
Regulatory History
On April 20, 2018 the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) titled Blazing
Paddles 2018 SUP Race; Cuyahoga
River, Cleveland, OH § 165.T09–0242.
In that we discussed why we issued the
NPRM and invited comments on our
proposed regulatory action related to
this Standup Paddleboard race. The
comment period ended May 30, 2018;
we received one comment relating to the
event. The comment makes note of a
Memorandum of Understanding that
had been agreed upon by the Lake
Carriers’ Association and Share the
River. The Lake Carriers Association
have no objection to the proposed rule.
There was nothing further that needed
to be addressed regarding the
Temporary Final Rule.
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 because doing so would be
impracticable and contrary to the public
interest. Delaying the effective date
would be contrary to the rule’s
objectives of ensuring safety of life on
the navigable waters and protection of
persons and vessels near the event.
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 large-scale paddle
craft event on a navigable waterway will
pose a significant risk to participants
and the boating public. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
VerDate Sep<11>2014
15:41 Jun 06, 2018
Jkt 244001
while the Blazing Paddles Race is
happening.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published April
30, 2018, and there was no objection to
the proposed rule. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a safety zone
from 8:30 a.m. through 11:30 a.m. on
June 23, 2018. The safety zone will
cover all navigable waters at the start
point at position 41°29′36″ N and
081°42′13″ W to the turnaround point at
position 41°28′52″ N and 081°40′33″ W
on the Cuyahoga River in Cleveland,
OH. The duration of the zone is
intended to ensure the safety of vessels
and these navigable waters before,
during, and after the scheduled 9 to 11
a.m. Paddleboard Race.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the COTP Buffalo
or his designated on-scene
representative. The COTP or his
designated on-scene representative may
be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the characteristics of the
safety zone. The safety zone created by
this rule will be relatively small and is
designed to minimize its impact on
navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. In addition,
the safety zone will designate times
when races are not occurring; allowing
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
vessels to travel through the safety zone.
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 COTP.
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 received 00 comments
from the Small Business Administration
on this 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.
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
E:\FR\FM\07JNR1.SGM
07JNR1
Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
sradovich on DSK3GMQ082PROD with RULES
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
establishment of a safety zone. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. A
Record of Environmental Consideration
VerDate Sep<11>2014
15:41 Jun 06, 2018
Jkt 244001
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 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; 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.T09–0242 to read as
follows:
■
§ 165.T09–0242 Safety Zone; Blazing
Paddles 2018 SUP Race; Cuyahoga River,
Cleveland, OH.
(a) Location. The safety zone will
encompass all waters of the Cuyahoga
River in Cleveland OH, beginning at
position 41°29′36″ N and 081°42′13″ W
to the turnaround point at position
41°28′52″ N and 081°40′33″ (NAD 83).
(b) Enforcement period. This rule will
be enforced from 8:30 a.m. through
11:30 a.m. on June 23, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo (COTP) or his designated onscene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or his
designated on-scene representative.
(3) The ‘‘on-scene representative’’ of
the COTP is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the COTP
to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP Buffalo or his onscene representative to obtain
permission to do so. The COTP or his
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
26369
on-scene representative may be
contacted via VHF Channel 16 or at
(716) 843–9322. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the COTP or
his on-scene representative.
Dated: June 4, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2018–12301 Filed 6–6–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2017–0376; FRL–9978–20]
Acequinocyl; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of acequinocyl in
or on guava and the tropical and
subtropical, small fruit, inedible peel,
subgroup 24A. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective June
7, 2018. Objections and requests for
hearings must be received on or before
August 6, 2018, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0376, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
ADDRESSES:
E:\FR\FM\07JNR1.SGM
07JNR1
]]>Agencies
[Federal Register Volume 83, Number 110 (Thursday, June 7, 2018)]
[Rules and Regulations]
[Pages 26367-26369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12301]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0242]
RIN 1625-AA00
Safety Zone; Blazing Paddles 2018 SUP Race; Cuyahoga River,
Cleveland, OH&
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Cuyahoga River during the Blazing Paddles Stand
Up Paddleboard Race. This safety zone is intended to restrict vessels
from a portion of the Cuyahoga River during the Blazing Paddles Stand
Up Paddleboard Race. This temporary safety zone is necessary to protect
mariners and racers from the navigational hazards associated with the
Stand Up Paddleboard Race.
DATES: This rule is effective from 8:30 a.m. through 11:30 a.m. on June
23, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 26368]]
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0242 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
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 20, 2018 the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) titled Blazing Paddles 2018 SUP Race; Cuyahoga River,
Cleveland, OH Sec. 165.T09-0242. In that we discussed why we issued
the NPRM and invited comments on our proposed regulatory action related
to this Standup Paddleboard race. The comment period ended May 30,
2018; we received one comment relating to the event. The comment makes
note of a Memorandum of Understanding that had been agreed upon by the
Lake Carriers' Association and Share the River. The Lake Carriers
Association have no objection to the proposed rule. There was nothing
further that needed to be addressed regarding the Temporary Final Rule.
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 because doing so would be
impracticable and contrary to the public interest. Delaying the
effective date would be contrary to the rule's objectives of ensuring
safety of life on the navigable waters and protection of persons and
vessels near the event.
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
large-scale paddle craft event on a navigable waterway will pose a
significant risk to participants and the boating public. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the Blazing Paddles Race
is happening.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
30, 2018, and there was no objection to the proposed rule. There are no
changes in the regulatory text of this rule from the proposed rule in
the NPRM.
This rule establishes a safety zone from 8:30 a.m. through 11:30
a.m. on June 23, 2018. The safety zone will cover all navigable waters
at the start point at position 41[deg]29'36'' N and 081[deg]42'13'' W
to the turnaround point at position 41[deg]28'52'' N and
081[deg]40'33'' W on the Cuyahoga River in Cleveland, OH. The duration
of the zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 9 to 11 a.m.
Paddleboard Race.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the COTP Buffalo or his designated on-
scene representative. The COTP or his designated on-scene
representative may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the
characteristics of the safety zone. The safety zone created by this
rule will be relatively small and is designed to minimize its impact on
navigable waters. Furthermore, the safety zone has been designed to
allow vessels to transit around it. In addition, the safety zone will
designate times when races are not occurring; allowing vessels to
travel through the safety zone. 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 COTP.
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 received 00 comments from the Small Business
Administration on this 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.
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
[[Page 26369]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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 establishment of a safety zone. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of
Environmental Consideration supporting this determination is available
in the docket where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and 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; 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.T09-0242 to read as follows:
Sec. 165.T09-0242 Safety Zone; Blazing Paddles 2018 SUP Race;
Cuyahoga River, Cleveland, OH.
(a) Location. The safety zone will encompass all waters of the
Cuyahoga River in Cleveland OH, beginning at position 41[deg]29'36'' N
and 081[deg]42'13'' W to the turnaround point at position
41[deg]28'52'' N and 081[deg]40'33'' (NAD 83).
(b) Enforcement period. This rule will be enforced from 8:30 a.m.
through 11:30 a.m. on June 23, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
(COTP) or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his designated on-scene representative.
(3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Buffalo or his on-scene representative to
obtain permission to do so. The COTP or his on-scene representative may
be contacted via VHF Channel 16 or at (716) 843-9322. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP or his on-scene
representative.
Dated: June 4, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-12301 Filed 6-6-18; 8:45 am]
BILLING CODE 9110-04-P
