Safety Zone; APA Convention Fireworks; Lake Erie, Cleveland, OH, 50262-50264 [2018-21717]
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50262
Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations
Columbia River or his designated
representative.
(c) Enforcement period. This section
will be enforced from 6:40 p.m. to 9
p.m. on October 27, 2018.
Dated: September 19, 2018.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain
of the Port Columbia River.
[FR Doc. 2018–21759 Filed 10–4–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0893]
RIN 1625–AA00
Safety Zone; APA Convention
Fireworks; Lake Erie, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 420-foot
radius of the launch site at 101 Erieside
Avenue, Cleveland, OH. This safety
zone is intended to restrict vessels from
a portion of Lake Erie during the APA
70th Anniversary Convention fireworks
displays. This temporary safety zone is
necessary to protect mariners and
vessels from the navigational hazards
associated with a fireworks display.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Sector Buffalo.
DATES: This rule is effective without
actual notice from 9 a.m. on October 5,
2018 until 10:45 p.m. on October 5,
2018. For the purposes of enforcement,
actual notice will be used from 9:15
p.m. October 3, 2018, until 9 a.m. on
October 5, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0893 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Ryan Junod, Chief of
Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland;
telephone 216–937–0124, email
ryan.s.junod@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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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
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 find that those procedures are
‘‘impracticable, unnecessary, or contrary
to 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 because the
event sponsor did not submit notice to
the Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Thus, delaying the effective date
of this rule to wait for a comment period
to run would be contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with a
maritime fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register because doing so
would be impracticable and contrary to
the public interest. Delaying the
effective date would be contrary to the
rule’s objectives of ensuring safety of
life on the navigable waters and
protection of persons and vessels near
the maritime fireworks display.
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, NY (COTP)
has determined that a fireworks display
presents significant risks to the public
safety and property. Such hazards
include premature and accidental
detonations, dangerous projectiles, and
falling or burning debris. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the fireworks display takes place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 9:15 p.m. through 10:15 p.m. on
October 3, 2018, and 9:45 p.m. through
10:45 p.m. on October 5, 2018. The
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safety zone will cover all navigable
waters within a 420-foot radius of:
41°30′33.4″ N, 081°41′58.0″ W at 101
Erieside Avenue, Cleveland, OH.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on our anticipation 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 is designed to
minimize its impact on navigable
waters. Furthermore, 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
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Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations
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).
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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.
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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 involves a safety
zone lasting one hour that will prohibit
entry within 420 feet of the launch area
for the fireworks display. 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.
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50263
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.T09–0893 to read as
follows:
■
§ 165.T09–0893 Safety Zone; APA
Convention Fireworks; Lake Erie,
Cleveland, OH.
(a) Location. This zone will
encompass all waters Lake Erie,
Cleveland, OH contained within a 420foot radius of the fireworks launch site
located at position 41°30′33. 4″ N,
081°41′58.0″ W.
(b) Effective and enforcement period.
This regulation will be enforced from
9:15 p.m. until 10:15 p.m., October 3,
2018, and from 9:45 p.m. until 10:45
p.m. on October 5, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo 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 shall
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.
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50264
Federal Register / Vol. 83, No. 194 / Friday, October 5, 2018 / Rules and Regulations
Dated: October 2, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
I. Background
[FR Doc. 2018–21717 Filed 10–4–18; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0373; FRL–9984–96–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Interstate Transport
Requirements for the 2012 Fine
Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
implementation plan (SIP) revision
submitted by the State of West Virginia.
This revision pertains to the
infrastructure requirement for interstate
transport of pollution with respect to
the 2012 fine particulate matter (PM2.5)
national ambient air quality standards
(NAAQS). EPA is approving this
revision in accordance with the
requirements of the Clean Air Act
(CAA).
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SUMMARY:
On November 17, 2015, the State of
West Virginia, through the West
Virginia Department of Environmental
Protection (WVDEP), submitted a SIP
revision addressing all required
infrastructure elements under CAA
section 110(a) for the 2012 PM2.5
NAAQS. As stated in the notice of
proposed rulemaking (NPRM) published
on August 3, 2018, EPA has previously
taken action on other portions of the
November 17, 2015 submittal
addressing requirements in CAA section
110(a)(2) for the 2012 PM2.5 NAAQS,
and EPA is taking rulemaking action
herein on only the portion of the
November 12, 2015 submittal
addressing requirements in CAA section
110(a)(2)(D)(i)(I) (prongs 1 and 2). See
83 FR 38112. In addition, EPA stated in
the NPRM that the Agency had
proposed separate action on the portion
of the November 12, 2015 submittal
addressing requirements in CAA section
110(a)(2)(D)(i)(II) (prong 4). See 83 FR
27734 (June 14, 2018) (proposing
approval of the November 12, 2015
submittal for prong 4). EPA is not at this
time taking final action on the 2015 SIP
submittal addressing prong 4. For more
information on particulate pollution,
EPA’s infrastructure requirements, and
interstate transport requirements, see
Section I of the August 3, 2018 NPRM.
II. Summary of SIP Revision and EPA
Analysis
West Virginia’s November 17, 2015
SIP submittal stated that the current
DATES: This final rule is effective on
West Virginia SIP contains adequate
November 5, 2018.
measures to ensure that the State will
not cause significant contribution to
ADDRESSES: EPA has established a
nonattainment in, or interfere with the
docket for this action under Docket ID
Number EPA–R03–OAR–2016–0373. All maintenance of, any other State with
respect to the 2012 PM2.5 NAAQS. West
documents in the docket are listed on
Virginia refers to the measures detailed
the https://www.regulations.gov
in the section pertaining to
website. Although listed in the index,
requirements in CAA section
some information is not publicly
110(a)(2)(A), which included numerous
available, e.g., confidential business
SIP-approved measures and other
information (CBI) or other information
whose disclosure is restricted by statute. federally enforceable measures, under
the CAA, that apply to sources of PM2.5
Certain other material, such as
and its precursors within West Virginia.
copyrighted material, is not placed on
In evaluating whether the measures
the internet and will be publicly
identified by West Virginia addressed
available only in hard copy form.
CAA section 110(a)(2)(D)(i), EPA used
Publicly available docket materials are
the information in the memorandum
available through https://
dated March 17, 2016, entitled,
www.regulations.gov, or please contact
the person identified in the FOR FURTHER ‘‘Information on the Interstate Transport
‘‘Good Neighbor’’ Provision for the 2012
INFORMATION CONTACT section for
Fine Particulate Matter National
additional availability information.
Ambient Air Quality Standards under
FOR FURTHER INFORMATION CONTACT:
Clean Air Act Section 110(a)(2)(D)(i)(I),’’
Joseph Schulingkamp, (215) 814–2021,
Memorandum from Stephen D. Page,
or by email at schulingkamp.joseph@
Director, EPA Office of Air Quality
epa.gov.
Planning and Standards, https://
www.epa.gov/sites/production/files/
SUPPLEMENTARY INFORMATION:
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2016-08/documents/good-neighbormemo_implementation.pdf (the 2016
PM2.5 Memorandum). This 2016 PM2.5
Memorandum is included in the docket
for this rulemaking action. After
considering the 2016 PM2.5
Memorandum and additional
information, EPA came to the same
conclusion as West Virginia and
proposed in the NPRM that West
Virginia’s emissions do not significantly
contribute to nonattainment or interfere
with maintenance in another State with
respect to the 2012 PM2.5 NAAQS.
A detailed summary of West
Virginia’s submittal, EPA’s review, and
the rationale for EPA’s conclusion
approving the November 17, 2015
submittal as addressing requirements of
prongs 1 and 2 are explained in the
NPRM and the technical support
document (TSD) that accompanied the
NPRM and will not be restated here.
The TSD is available online at
www.regulations.gov, Docket number
EPA–R03–OAR–2016–0373.
III. Response to Comments
EPA received a total of three
comments on the August 3, 2018 NPRM.
Two comments generally discussed
matters irrelevant to this rulemaking. As
these two comments did not concern
any of the specific issues raised in the
NPRM or address EPA’s rationale for the
proposed approval of West Virginia’s
submittal, EPA provides no response to
these comments. EPA did receive one
relevant comment; that comment, and
EPA’s response is discussed in this
Section of this rulemaking action.
Comment: The commenter first stated
that EPA did not need to analyze
interstate transport of PM2.5 emissions
from West Virginia to California, Idaho,
or Florida, and further questioned the
likelihood of West Virginia’s PM2.5
emissions impacting those three States.
The commenter then stated that EPA’s
time and limited resources would be
better spent on other more meaningful
issues, especially since it took three
years to develop the analysis EPA
presented.
Response: First, with respect to the
period of time for EPA’s analysis, CAA
section 110(a)(1) requires all States to
submit a SIP addressing the elements of
CAA section 110(a)(2), including CAA
section 110(a)(2)(D)(i)(I) on interstate
transport, within three years of EPA
promulgating a new or revised NAAQS.
Further, CAA section 110(k)(2) and (3)
requires EPA action on the SIP
submission within twelve months of
EPA finding the SIP submission
complete. Therefore, the submission of
a SIP addressing interstate transport
requirements for the 2012 PM2.5 NAAQS
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]]>Agencies
[Federal Register Volume 83, Number 194 (Friday, October 5, 2018)]
[Rules and Regulations]
[Pages 50262-50264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21717]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0893]
RIN 1625-AA00
Safety Zone; APA Convention Fireworks; Lake Erie, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot radius of the launch site at 101
Erieside Avenue, Cleveland, OH. This safety zone is intended to
restrict vessels from a portion of Lake Erie during the APA 70th
Anniversary Convention fireworks displays. This temporary safety zone
is necessary to protect mariners and vessels from the navigational
hazards associated with a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Sector Buffalo.
DATES: This rule is effective without actual notice from 9 a.m. on
October 5, 2018 until 10:45 p.m. on October 5, 2018. For the purposes
of enforcement, actual notice will be used from 9:15 p.m. October 3,
2018, until 9 a.m. on October 5, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0893 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, 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 find that those
procedures are ``impracticable, unnecessary, or contrary to 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 because the event sponsor did not submit
notice to the Coast Guard with sufficient time remaining before the
event to publish an NPRM. Thus, delaying the effective date of this
rule to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a maritime
fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register because doing so would be
impracticable and contrary to the public interest. Delaying the
effective date would be contrary to the rule's objectives of ensuring
safety of life on the navigable waters and protection of persons and
vessels near the maritime fireworks display.
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, NY (COTP) has determined that a
fireworks display presents significant risks to the public safety and
property. Such hazards include premature and accidental detonations,
dangerous projectiles, and falling or burning debris. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the fireworks display
takes place.
IV. Discussion of the Rule
This rule establishes a safety zone from 9:15 p.m. through 10:15
p.m. on October 3, 2018, and 9:45 p.m. through 10:45 p.m. on October 5,
2018. The safety zone will cover all navigable waters within a 420-foot
radius of: 41[deg]30'33.4'' N, 081[deg]41'58.0'' W at 101 Erieside
Avenue, Cleveland, OH.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on our anticipation
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 is
designed to minimize its impact on navigable waters. Furthermore, 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
[[Page 50263]]
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 involves
a safety zone lasting one hour that will prohibit entry within 420 feet
of the launch area for the fireworks display. 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.T09-0893 to read as follows:
Sec. 165.T09-0893 Safety Zone; APA Convention Fireworks; Lake Erie,
Cleveland, OH.
(a) Location. This zone will encompass all waters Lake Erie,
Cleveland, OH contained within a 420-foot radius of the fireworks
launch site located at position 41[deg]30'33. 4'' N, 081[deg]41'58.0''
W.
(b) Effective and enforcement period. This regulation will be
enforced from 9:15 p.m. until 10:15 p.m., October 3, 2018, and from
9:45 p.m. until 10:45 p.m. on October 5, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
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 shall 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.
[[Page 50264]]
Dated: October 2, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-21717 Filed 10-4-18; 8:45 am]
BILLING CODE 9110-04-P
