Safety Zone; Ski Show Sylvan Beach, Fish Creek, Oneida, NY, 39598-39600 [2018-17181]
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39598
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations
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
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
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
special local regulation lasting
approximately six hours on two separate
days that prohibits entry into a portion
of the Roanoke River. It is categorically
excluded from further review under
paragraph L61 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 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233; 33 CFR 1.05–
daltland on DSKBBV9HB2PROD with RULES
1.
2. Add § 100.35T05–0771 to read as
follows:
■
§ 100.35T05–0771 Special Local
Regulation, Roanoke River, Plymouth, NC.
(a) Location. The following area is a
special local regulation: All navigable
waters of the Roanoke River in
VerDate Sep<11>2014
16:07 Aug 09, 2018
Jkt 244001
Plymouth, North Carolina, from
approximate positions: Latitude
35°52′25″ N, longitude 076°44′33″ W,
then northwest to latitude 35°52′29″ N,
longitude 076°44′37″ W, then southwest
along the shoreline to latitude 35°52′00″
N, longitude 076°45′31″ W, then south
to latitude 35°51′56″ N, longitude
076°45′30″ W, then northeast along the
shoreline to the point of origin, a length
of approximately one mile.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) means the
Commander, Sector North Carolina.
Official Patrol means any vessel
assigned by the COTP North Carolina
with a commissioned, warrant, or petty
officer on board and displaying the
Coast Guard ensign.
Participants means persons and
vessels involved in the high-speed boat
race.
Patrol Commander means a Coast
Guard commissioned, warrant, or petty
officer designated by the COTP North
Carolina for the enforcement of the
special local regulation.
(c) Regulations. (1) The requirements
of § 100.501(b) and (c)(1) and (2) apply
to the area described in paragraph (a) of
this section.
(2) With the exception of participants,
entry into or remaining in this special
local regulation is prohibited unless
authorized by the COTP North Carolina
or the COTP North Carolina’s Patrol
Commander. All other vessels must
depart the special local regulation
immediately upon the start of
enforcement.
(3) To request permission transit
through the special local regulation,
contact the COTP North Carolina or the
COTP North Carolina’s Patrol
Commander through the Coast Guard
Sector North Carolina Command Duty
Officer, Wilmington, North Carolina, at
telephone number 910–343–3882 or on
VHF–FM marine band radio channel 13
(165.65 MHz) or channel 16 (156.8
MHz).
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the special local
regulation by Federal, State, and local
agencies.
(e) Enforcement period. This
regulation will be enforced from 11 a.m.
through 5 p.m. on both August 11 and
12, 2018.
Dated: August 6 2018.
Bion B. Stewart,
Captain, U.S. Coast Guard, Captain of the
Port North Carolina.
[FR Doc. 2018–17222 Filed 8–9–18; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0635]
RIN 1625–AA00
Safety Zone; Ski Show Sylvan Beach,
Fish Creek, Oneida, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of Fish Creek during the
Ski Show Sylvan Beach. This safety
zone is intended to prohibit persons and
vessels from a portion of Fish Creek
during the Ski Show Sylvan Beach. This
temporary safety zone is necessary to
protect vessels and racers from the
navigational hazards associated with the
ski show.
DATES: This rule is effective from 12:00
p.m. until 8:00 p.m. on August 12, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0635 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 LTJG Sean Dolan, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9322, email D09-SMB-SECBuffaloWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On July 13, 2018 the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) titled Ski Show
Sylvan Beach; Fish Creek, Oneida, NY
(83 FR 32604). In that we discussed why
we issued the NPRM and invited
comments on our proposed regulatory
action related to this Standup
Paddleboard race. During the comment
period that ended August 2, 2018 we
received no relevant comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
E:\FR\FM\10AUR1.SGM
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Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations
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 enhancing 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 ski show on a
navigable waterway will pose a
significant risk to participants and the
boating public. This rule is necessary to
protect vessels and racers during the Ski
Show Sylvan Beach.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
relevant comments on our NPRM
published on July 13, 2018. 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 12:00 p.m. until 8:00 p.m. on
August 12, 2018. The safety zone will
cover all navigable waters of where Fish
Creek meets Oneida Lake starting at
position 43°11′36.6″ N, 75°43′53.8″ W
then South to 43°11′33.7″ N, 75°43′51.2″
W then East to 43°11′42.4″ N,
75°43′38.6″ W then North to 43°11′44.5″
N, 75°43′39.7″ W then returning to the
point of origin. The duration of the zone
is intended to enhance the safety of
vessels and racers on the navigable
waters within the above stated points,
before, during, and after the scheduled
event.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. The Captain
of the Port or his designated on-scene
representative may be contact via VHF
Channel 16.
daltland on DSKBBV9HB2PROD with RULES
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.
VerDate Sep<11>2014
16:07 Aug 09, 2018
Jkt 244001
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 size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would not be able to safely
transit around this safety zone, which
would impact a small designated area of
Fish Creek. However, 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 received no 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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
39599
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 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
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
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39600
Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Rules and Regulations
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 recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
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.
2. Add § 165.T09–0635 to read as
follows:
■
daltland on DSKBBV9HB2PROD with RULES
§ 165.T09–0635 Safety Zone; Ski Show
Sylvan Beach; Fish Creek, Oneida, NY.
(a) Location. The safety zone will
encompass all waters of Fish Creek in
Oneida, NY, starting at position
43°11′36.6″ N, 75°43′53.8″ W then South
to 43°11′33.7″ N, 75°43′51.2″ W then
East to 43°11′42.4″ N, 75°43′38.6″ W
then North to 43°11′44.5″ N, 75°43′39.7″
W then returning to the point of origin
(NAD 83).
(b) Enforcement period. This rule is
effective from 12:00 p.m. until 8:00 p.m.
on August 12, 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
16:07 Aug 09, 2018
Jkt 244001
Dated: August 6, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2018–17181 Filed 8–9–18; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
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.
40 CFR Part 52
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Adoption of Control
Techniques Guidelines for Control of
Volatile Organic Compound Emissions
From Miscellaneous Metal Parts
Surface Coating, Miscellaneous Plastic
Parts Surface Coating, and Pleasure
Craft Surface Coatings
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a revision to
the Commonwealth of Pennsylvania’s
state implementation plan (SIP). The
revision includes amendments to the
Pennsylvania Department of
Environmental Protection’s (PADEP)
regulations and addresses the
requirement to adopt reasonably
available control technology (RACT) for
sources covered by EPA’s control
techniques guidelines (CTG) standards
for the following categories:
SUMMARY:
Frm 00020
Fmt 4700
This final rule is effective on
September 10, 2018.
DATES:
EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0437. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Gregory A. Becoat, (215) 814 2036, or by
email at becoat.gregory@epa.gov.
On
November 18, 2016, PADEP submitted a
revision to the Pennsylvania SIP
concerning the adoption of EPA’s CTG
for miscellaneous metal parts surface
coating processes, miscellaneous plastic
parts surface coating processes, and
pleasure craft surface coatings.
Specifically, PADEP has amended 25
Pennsylvania Code (Pa. Code) Chapter
129 (relating to standards for sources) to
address RACT and further reduce
volatile organic compounds (VOC)
emissions in Pennsylvania. In
accordance with sections 172(c)(1),
182(b)(2)(A) and 184(b)(1)(B) of the
CAA, Pennsylvania’s SIP revision
submittal establishes VOC emission
limitations and other requirements
consistent with the recommendations of
EPA’s 2008 Control Techniques
Guidelines for Miscellaneous Metal and
Plastic Parts Coatings (MMPP)
(Publication No. EPA 453/R–08–003;
September 2008) and Control
Techniques Guidelines for Automobile
and Light-Duty Truck Assembly
Coatings for these sources in the
Commonwealth of Pennsylvania
(Publication No. EPA 453/R–08–006).
SUPPLEMENTARY INFORMATION:
[EPA–R03–OAR–2017–0437; FRL–9981–
97—Region 3]
PO 00000
Miscellaneous metal parts surface
coating, miscellaneous plastic parts
surface coating, and pleasure craft
surface coatings, as well as related
cleaning activities. The SIP revision also
amends regulations for graphic arts
systems and mobile equipment repair
and refinishing as well as making
general administrative changes. This
action is being taken under the Clean
Air Act (CAA).
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]]>Agencies
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Rules and Regulations]
[Pages 39598-39600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17181]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0635]
RIN 1625-AA00
Safety Zone; Ski Show Sylvan Beach, Fish Creek, Oneida, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Fish Creek during the Ski Show Sylvan Beach. This
safety zone is intended to prohibit persons and vessels from a portion
of Fish Creek during the Ski Show Sylvan Beach. This temporary safety
zone is necessary to protect vessels and racers from the navigational
hazards associated with the ski show.
DATES: This rule is effective from 12:00 p.m. until 8:00 p.m. on August
12, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0635 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 LTJG Sean Dolan, 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 Information and Regulatory History
On July 13, 2018 the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) titled Ski Show Sylvan Beach; Fish Creek, Oneida, NY
(83 FR 32604). In that we discussed why we issued the NPRM and invited
comments on our proposed regulatory action related to this Standup
Paddleboard race. During the comment period that ended August 2, 2018
we received no relevant comments.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for
[[Page 39599]]
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 enhancing 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 ski
show on a navigable waterway will pose a significant risk to
participants and the boating public. This rule is necessary to protect
vessels and racers during the Ski Show Sylvan Beach.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no relevant comments on our NPRM
published on July 13, 2018. 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 12:00 p.m. until 8:00 p.m.
on August 12, 2018. The safety zone will cover all navigable waters of
where Fish Creek meets Oneida Lake starting at position
43[deg]11'36.6'' N, 75[deg]43'53.8'' W then South to 43[deg]11'33.7''
N, 75[deg]43'51.2'' W then East to 43[deg]11'42.4'' N, 75[deg]43'38.6''
W then North to 43[deg]11'44.5'' N, 75[deg]43'39.7'' W then returning
to the point of origin. The duration of the zone is intended to enhance
the safety of vessels and racers on the navigable waters within the
above stated points, before, during, and after the scheduled event.
No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. The Captain of the Port or his designated on-scene
representative may be contact 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 size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would not be able to safely transit around this safety zone, which
would impact a small designated area of Fish Creek. However, 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 received no 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 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
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
[[Page 39600]]
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
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 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.T09-0635 to read as follows:
Sec. 165.T09-0635 Safety Zone; Ski Show Sylvan Beach; Fish Creek,
Oneida, NY.
(a) Location. The safety zone will encompass all waters of Fish
Creek in Oneida, NY, starting at position 43[deg]11'36.6'' N,
75[deg]43'53.8'' W then South to 43[deg]11'33.7'' N, 75[deg]43'51.2'' W
then East to 43[deg]11'42.4'' N, 75[deg]43'38.6'' W then North to
43[deg]11'44.5'' N, 75[deg]43'39.7'' W then returning to the point of
origin (NAD 83).
(b) Enforcement period. This rule is effective from 12:00 p.m.
until 8:00 p.m. on August 12, 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: August 6, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-17181 Filed 8-9-18; 8:45 am]
BILLING CODE 9110-04-P
