Safety Zone; LAZ Trommler Fireworks, Sandusky Bay, Marblehead, OH, 26844-26846 [2018-12517]
Download as PDF
26844
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0519]
RIN 1625–AA00
Safety Zone; LAZ Trommler Fireworks,
Sandusky Bay, Marblehead, 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
Sandusky Bay, in the vicinity of
Marblehead, OH. This Zone is intended
to restrict vessels from portions of the
Sandusky Bay for the LAZ Trommler
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 Detroit, or his
designated representative. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with fireworks
displays.
SUMMARY:
This regulation is effective from
9 p.m. on July 4, 2018 until 10:30 p.m.
on July 5, 2018.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2018–0519. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
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:
DATES:
Table of Acronyms
daltland on DSKBBV9HB2PROD with RULES
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)
VerDate Sep<11>2014
15:51 Jun 08, 2018
Jkt 244001
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 9:30 p.m. on July 4, 2018
will be a safety concern for anyone
within a 500 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 that
will be enforced from 9 p.m. until 10:30
p.m. on July 4, 2018 with a rain date of
July 5, 2018 from 9 p.m. until 10:30 p.m.
The safety zone will encompass all U.S.
navigable waters of the Sandusky Bay
within a 500 foot radius of the fireworks
launch site located at position 41°30′16″
N, 083°48′08″ 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
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
waters during the fireworks display.
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
Sandusky Bay in Marblehead, OH for a
short period time. Under certain
conditions, moreover, vessels may still
E:\FR\FM\11JNR1.SGM
11JNR1
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations
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.
daltland on DSKBBV9HB2PROD with RULES
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
VerDate Sep<11>2014
15:51 Jun 08, 2018
Jkt 244001
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 90 minutes that will
prohibit entry within a 500 foot radius
from where a fireworks display will be
conducted. 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
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
26845
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.T09–0519 to read as
follows:
■
§ 165.T09–0519 Safety Zone; LAZ
Trommler Fireworks, Sandusky Bay,
Marblehead, OH.
(a) Location. The following area is a
temporary safety zone: All U.S.
navigable waters of the Sandusky Bay
within a 500 foot radius of the fireworks
launch site located at position 41°30′16″
N 083°48′08″ W. All geographic
coordinates are North American Datum
of 1983 (NAD 83).
(b) Enforcement period. This
regulation will be enforced from 9 p.m.
until 10:30 p.m. on July 4, 2018 with a
rain date of July 5, 2018 from 9 p.m.
until 10:30 p.m. 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, 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
E:\FR\FM\11JNR1.SGM
11JNR1
26846
Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations
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: June 6, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
BILLING CODE 9110–04–P
[Docket No. FMCSA–2016–0333]
RIN 2126–AB97
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
48 CFR Parts 222, 237, and 252
[Docket DARS–2018–0032]
RIN 0750–AJ66
Defense Federal Acquisition
Regulation Supplement: Repeal of
DFARS Clause ‘‘Right of First Refusal
of Employment-Closure of Military
Installations’’ (DFARS Case 2018–
D002)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; correction.
AGENCY:
DoD is making a correction to
the final rule published on May 30,
2018, which amended the Defense
Federal Acquisition Regulation
Supplement (DFARS) to remove a
clause that is duplicative of an existing
Federal Acquisition Regulation (FAR)
clause. The document contained an
incorrect RIN number.
DATES: Effective June 8, 2018.
Applicable beginning May 30, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, telephone 571–372–
6106.
SUMMARY:
In the
final rule published at 83 FR 24892 on
May 30, 2018, in the third column, the
following correction is made to this
rule:
The RIN number cited, RIN 0750–
AJ54, is corrected to read RIN 0750–
AJ66.
SUPPLEMENTARY INFORMATION:
Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
[FR Doc. 2018–12492 Filed 6–8–18; 8:45 am]
BILLING CODE 5001–06–P
Jkt 244001
FMCSA amends the Federal
Motor Carrier Safety Regulations
(FMCSRs) to establish an alternative
process for qualified advanced practice
nurses, doctors of chiropractic, doctors
of medicine, doctors of osteopathy,
physician assistants, and other medical
professionals who are employed in the
VA and are licensed, certified, or
registered in a State to perform physical
examinations (qualified VA examiners)
to be listed on the Agency’s National
Registry of Certified Medical Examiners,
as required by the Fixing America’s
Surface Transportation (FAST) Act and
the Jobs for Our Heroes Act. After
successful completion of online training
and testing developed by FMCSA, these
qualified VA examiners will become
certified VA medical examiners who
can perform medical examinations of,
and issue Medical Examiner’s
Certificates to, commercial motor
vehicle operators who are military
veterans enrolled in the VA healthcare
system. This rule will reduce the costs
for qualified VA examiners to be listed
on the National Registry.
DATES: This final rule is effective August
10, 2018. Petitions for Reconsideration
of this final rule must be submitted to
the FMCSA Administrator no later than
July 11, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Medical Programs
Division, MC–PSP, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001 or by telephone at (202)
366–4001 or by email, fmcsamedical@
dot.gov. If you have questions on
viewing or submitting material to the
docket, contact Docket Services,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
This final rule is organized as follows:
SUMMARY:
Defense Acquisition Regulations
System
daltland on DSKBBV9HB2PROD with RULES
49 CFR Parts 390 and 391
AGENCY:
DEPARTMENT OF DEFENSE
15:51 Jun 08, 2018
Federal Motor Carrier Safety
Administration
Process for Department of Veterans
Affairs (VA) Physicians To Be Added to
the National Registry of Certified
Medical Examiners
[FR Doc. 2018–12517 Filed 6–8–18; 8:45 am]
VerDate Sep<11>2014
DEPARTMENT OF TRANSPORTATION
I. Rulemaking Documents
A. Availability of Rulemaking Documents
B. Privacy Act
II. Executive Summary
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
A. Purpose of the Amendments
B. Summary of Major Provisions
C. Benefits and Costs
III. Abbreviations and Acronyms
IV. Legal Basis for the Rulemaking
V. Background
A. National Registry of Certified Medical
Examiners
B. Medical Examiner’s Certification
Integration
VI. December 1, 2016, Proposed Rule
VII. Discussion of Comments Received on the
Proposed Rule
VIII. Explanation of Changes From the NPRM
IX. Section-by-Section Analysis
X. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 13771 (Reducing Regulation and
Controlling Regulatory Costs)
C. Regulatory Flexibility Act
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. E.O. 12988 (Civil Justice Reform)
I. E.O. 13045 (Protection of Children)
J. E.O. 12630 (Taking of Private Property)
K. Privacy
L. E.O. 12372 (Intergovernmental Review)
M. E.O. 13211 (Energy Supply,
Distribution, or Use)
N. E.O. 13783 (Promoting Energy
Independence and Economic Growth)
O. E.O. 13175 (Indian Tribal Governments)
P. National Technology Transfer and
Advancement Act (Technical Standards)
Q. Environment (NEPA, CAA,
Environmental Justice)
I. Rulemaking Documents
A. Availability of Rulemaking
Documents
For access to docket FMCSA–2016–
0333 to read background documents and
comments received, go to https://
www.regulations.gov at any time, or to
Docket Services at U.S. Department of
Transportation, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
B. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Executive Summary
A. Purpose of the Amendments
This final rule amends the FMCSRs to
establish an alternative process for
E:\FR\FM\11JNR1.SGM
11JNR1
Agencies
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Rules and Regulations]
[Pages 26844-26846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12517]
[[Page 26844]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0519]
RIN 1625-AA00
Safety Zone; LAZ Trommler Fireworks, Sandusky Bay, Marblehead, 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 Sandusky Bay, in the vicinity of
Marblehead, OH. This Zone is intended to restrict vessels from portions
of the Sandusky Bay for the LAZ Trommler 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 Detroit, 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 9 p.m. on July 4, 2018 until
10:30 p.m. on July 5, 2018.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2018-0519. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
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
9:30 p.m. on July 4, 2018 will be a safety concern for anyone within a
500 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 that will be enforced from 9
p.m. until 10:30 p.m. on July 4, 2018 with a rain date of July 5, 2018
from 9 p.m. until 10:30 p.m. The safety zone will encompass all U.S.
navigable waters of the Sandusky Bay within a 500 foot radius of the
fireworks launch site located at position 41[deg]30'16'' N,
083[deg]48'08'' 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. 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 Sandusky Bay in Marblehead, OH for a
short period time. Under certain conditions, moreover, vessels may
still
[[Page 26845]]
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 90 minutes that will prohibit entry
within a 500 foot radius from where a fireworks display will be
conducted. 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.T09-0519 to read as follows:
Sec. 165.T09-0519 Safety Zone; LAZ Trommler Fireworks, Sandusky Bay,
Marblehead, OH.
(a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of the Sandusky Bay within a 500 foot radius of
the fireworks launch site located at position 41[deg]30'16'' N
083[deg]48'08'' W. All geographic coordinates are North American Datum
of 1983 (NAD 83).
(b) Enforcement period. This regulation will be enforced from 9
p.m. until 10:30 p.m. on July 4, 2018 with a rain date of July 5, 2018
from 9 p.m. until 10:30 p.m. 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, 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
[[Page 26846]]
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: June 6, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-12517 Filed 6-8-18; 8:45 am]
BILLING CODE 9110-04-P