Safety Zone; Snowbirds Over Fort Erie, Lake Erie, Niagara River, Buffalo, NY, 47293-47295 [2018-20291]
Download as PDF
<![CDATA[
47293
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Rules and Regulations
TABLE 1 TO § 151.2015—TABLE OF 33 CFR 151.2015 SPECIFIC EXEMPTIONS FOR TYPES OF VESSELS
151.2025
(management)
151.2060
(reporting)
*
*
*
*
Vessel operates exclusively on voyages between ports or places within a single COTP
Zone.
*
Exempt .............
*
Exempt .............
*
Exempt.
*
*
*
*
Non-seagoing vessel ...........................................................................................................
*
Exempt .............
*
Applicable 1 .......
*
Applicable.1
*
1 Unless
*
*
[Amended]
Dated: September 14, 2018.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
[FR Doc. 2018–20374 Filed 9–18–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
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
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0859]
RIN 1625–AA00
Safety Zone; Snowbirds Over Fort Erie,
Lake Erie, Niagara River, Buffalo, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
Lake Erie and the Niagara River, Buffalo,
NY. This safety zone is intended to
restrict vessels from a portion of Lake
Erie and the Niagara River during the
Snowbirds over Fort Erie air show on
September 19, 2018. This temporary
safety zone is necessary to protect
participants, spectators, and vessels
from the hazards associated with aerial
stunts, low flying aircraft, and aircraft
maneuvers. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Buffalo (COTP).
DATES: This rule is effective from 3:30
p.m. to 5:30 p.m. on September 19,
2018.
SUMMARY:
VerDate Sep<11>2014
16:33 Sep 18, 2018
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0859 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
Waterways Management Division, U.S.
Coast Guard; telephone 716–843–9322,
email D09-SMB-SECBuffalo-WWM@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
3. Amend § 151.2060 as follows:
a. In paragraph (b), remove the words
‘‘Unless operating exclusively on
voyages between ports or places within
a single COTP Zone, the’’ and add, in
their place, the word ‘‘The’’; and
■ b. Remove paragraphs (e) and (f).
■
■
amozie on DSK3GDR082PROD with RULES
*
*
*
operating exclusively on voyages between ports or places within a single COTP Zone.
§ 151.2060
ACTION:
*
151.2070
(recordkeeping)
Jkt 244001
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 due to it being
impracticable and contrary to public
interest. The final details of this event
were not known to the Coast Guard
until there was insufficient time
remaining before the event to publish a
NPRM.
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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
Register. 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 in vicinity of the
Snowbirds over Fort Erie air show.
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 potential hazards
associated with an air show over a
navigable waterway pose a significant
risk to public safety and property within
the immediate location of the show.
IV. Discussion of the Rule
This rule establishes a safety zone on
September 19, 2018, from 3:30 p.m.
until 5:30 p.m. The safety zone will
encompass all waters of Lake Erie and
the Niagara River starting at position
42°54′01.25″ N, 78°54′21.07″ W, then
East to 42°54′01.20″ N, 78°54′17.35″ W,
then South to 42°53′18.18″ N,
78°54′21.94″ W, then West to
42°53′18.39″ N, 78°54′43.64″ W, and
then North along the international
boundary line to the point of origin. The
duration of the zone is intended to
ensure the safety of spectators and
vessels during the Snowbirds over Fort
Erie air show. No vessel or person will
be permitted to enter the safety zone
without obtaining permission from the
COTP or a designated representative.
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
E:\FR\FM\19SER1.SGM
19SER1
47294
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Rules and Regulations
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 conclusion that this rule
is not a significant regulatory action. We
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for a
relatively short time. Also, the safety
zone has been designed to allow vessels
to transit around it. 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 Captain of the
Port.
amozie on DSK3GDR082PROD with RULES
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this 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.
VerDate Sep<11>2014
16:33 Sep 18, 2018
Jkt 244001
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
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,
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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
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 establishes 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
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.T09–0859 to read as
follows:
■
§ 165.T09–0859 Safety Zone; Snowbirds
over Fort Erie, Lake Erie, Niagara River,
Buffalo, NY.
(a) Location. The safety zone will
encompass all waters of Lake Erie and
the Niagara River starting at position
42°54′01.25″ N, 78°54′21.07″ W, then
East to 42°54′01.20″ N, 78°54′17.35″ W,
then South to 42°53′18.18″ N,
78°54′21.94″ W, then West to
42°53′18.39″ N, 78°54′43.64″ W, and
E:\FR\FM\19SER1.SGM
19SER1
Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Rules and Regulations
then North along the international
boundary line to the point of origin.
(b) Enforcement period. This
regulation will be enforced from 3:30
p.m. until 5:30 p.m. on September 19,
2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: September 13, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2018–20291 Filed 9–18–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9984–
02—Region 4]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Whitehouse Oil Pits Superfund
Site
Environmental Protection
Agency (EPA).
ACTION: Final rule.
amozie on DSK3GDR082PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 announces the
deletion of the Whitehouse Oil Pits
Superfund Site, also known as
‘‘Whitehouse Waste Oil Pits’’, (Site)
located in Whitehouse, Florida, from the
SUMMARY:
VerDate Sep<11>2014
16:33 Sep 18, 2018
Jkt 244001
National Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Florida, through the Florida
Department of Environmental
Protection, have determined that all
appropriate response actions under
CERCLA, other than operation and
maintenance, monitoring, and five-year
reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
DATES: This action is effective
September 19, 2018.
ADDRESSES: Docket: EPA has established
a docket for this action under Docket
Identification No. EPA–HQ–SFUND–
1983–0002. 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, i.e., Confidential
Business Information 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 either
electronically through https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers and
viewing hours are:
USEPA Region 4, 61 Forsyth Street
SW, Atlanta, GA 30303–8909, Monday
through Friday, 7:30 a.m. to 4:30 p.m.
Or
West Regional Jacksonville Public
Library, 1425 Chaffee Road S,
Jacksonville, FL 32221, Monday through
Thursday: 10 a.m. to 9 p.m., Friday &
Saturday: 10 a.m. to 6 p.m., Sunday:
CLOSED.
FOR FURTHER INFORMATION CONTACT:
Rusty Kestle, Remedial Project Manager,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
GA 30303–8909, (404) 562–8819, email:
kestle.rusty@epa.gov.
SUPPLEMENTARY INFORMATION: The site to
be deleted from the NPL is: Whitehouse
Oil Pits, Whitehouse, Florida. A Notice
of Intent to Delete for this Site was
published in the Federal Register (83
FR 33171) on July 17, 2018.
The closing date for comments on the
Notice of Intent to Delete was August
16, 2018. Two public comments were
received; one of the public comments
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
47295
does not address the rulemaking or
deletion. The other public comment was
about the risk posed by the waste that
was left on the Site in the containment
remedy, the potential to support
recreational or ecological land uses in
the future on the Site, and monitoring
and additional cleanup at the Site. This
comment is addressed by the
requirements and procedures in the Site
Operations, Monitoring and
Maintenance Plan which requires
ongoing groundwater sampling and
analysis, as well as requiring Site
appropriate operations and
maintenance, including inspections to
ensure the on-going remedy is
performing as designed. Also, the
ongoing Five Year Review process will
continue as long as there is waste left on
the Site to assess remedy performance
and protectiveness and assess any
changing site conditions. This deletion
does not preclude future actions under
the Superfund rule-making that EPA can
take action after deletion, as needed,
and restore the site to the NPL, if there
is any change found in the
protectiveness of the remedy for the
Site. Therefore, after evaluating these
comments, EPA believes the deletion
action for the Site is appropriate. A
responsiveness summary was prepared
and placed in both the docket, EPA–
HQ–SFUND–1983–0002, on
www.regulations.gov, and in the local
repositories listed above.
EPA maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Deletion from the NPL
does not preclude further remedial
action. Whenever there is a significant
release from a site deleted from the NPL,
the deleted site may be restored to the
NPL without application of the hazard
ranking system. Deletion of a site from
the NPL does not affect responsible
party liability in the unlikely event that
future conditions warrant further
actions.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: September 10, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
For reasons set out in the preamble,
40 CFR part 300 is amended as follows:
E:\FR\FM\19SER1.SGM
19SER1
]]>Agencies
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Rules and Regulations]
[Pages 47293-47295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20291]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0859]
RIN 1625-AA00
Safety Zone; Snowbirds Over Fort Erie, Lake Erie, Niagara River,
Buffalo, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie and the Niagara River, Buffalo, NY. This safety zone is
intended to restrict vessels from a portion of Lake Erie and the
Niagara River during the Snowbirds over Fort Erie air show on September
19, 2018. This temporary safety zone is necessary to protect
participants, spectators, and vessels from the hazards associated with
aerial stunts, low flying aircraft, and aircraft maneuvers. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Buffalo (COTP).
DATES: This rule is effective from 3:30 p.m. to 5:30 p.m. on September
19, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0859 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 Waterways Management Division,
U.S. Coast Guard; 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
The Coast Guard is issuing this temporary 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 due to it being impracticable and contrary to
public interest. The final details of this event were not known to the
Coast Guard until there was insufficient time remaining before the
event to publish a NPRM.
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. 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 in vicinity of
the Snowbirds over Fort Erie air show.
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
potential hazards associated with an air show over a navigable waterway
pose a significant risk to public safety and property within the
immediate location of the show.
IV. Discussion of the Rule
This rule establishes a safety zone on September 19, 2018, from
3:30 p.m. until 5:30 p.m. The safety zone will encompass all waters of
Lake Erie and the Niagara River starting at position 42[deg]54'01.25''
N, 78[deg]54'21.07'' W, then East to 42[deg]54'01.20'' N,
78[deg]54'17.35'' W, then South to 42[deg]53'18.18'' N,
78[deg]54'21.94'' W, then West to 42[deg]53'18.39'' N,
78[deg]54'43.64'' W, and then North along the international boundary
line to the point of origin. The duration of the zone is intended to
ensure the safety of spectators and vessels during the Snowbirds over
Fort Erie air show. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
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
[[Page 47294]]
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 conclusion
that this rule is not a significant regulatory action. We anticipate
that it will have minimal impact on the economy, will not interfere
with other agencies, will not adversely alter the budget of any grant
or loan recipients, and will not raise any novel legal or policy
issues. The safety zone created by this rule will be relatively small
and enforced for a relatively short time. Also, the safety zone has
been designed to allow vessels to transit around it. 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 Captain of the Port.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 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
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
establishes 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: 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.T09-0859 to read as follows:
Sec. 165.T09-0859 Safety Zone; Snowbirds over Fort Erie, Lake Erie,
Niagara River, Buffalo, NY.
(a) Location. The safety zone will encompass all waters of Lake
Erie and the Niagara River starting at position 42[deg]54'01.25'' N,
78[deg]54'21.07'' W, then East to 42[deg]54'01.20'' N,
78[deg]54'17.35'' W, then South to 42[deg]53'18.18'' N,
78[deg]54'21.94'' W, then West to 42[deg]53'18.39'' N,
78[deg]54'43.64'' W, and
[[Page 47295]]
then North along the international boundary line to the point of
origin.
(b) Enforcement period. This regulation will be enforced from 3:30
p.m. until 5:30 p.m. on September 19, 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: September 13, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-20291 Filed 9-18-18; 8:45 am]
BILLING CODE 9110-04-P
