[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58106-58108]
[FR Doc No: 2023-18326]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0640]
RIN 1625-AA00

Safety Zone; Lake Erie, Black River, Lorain, OH, South of East
Erie Avenue Bridge Adjacent to Black River Landing

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will be establishing a temporary safety zone
for certain waters of Lake Erie. This action is necessary to provide
for the safety of life on waters of the Black River, a tributary of
Lake Erie, during the Cleveland Dragon Boat Festival. This rulemaking
would prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Buffalo or a designated
representative.

DATES: This rule is effective from 7:45 a.m. through 5:15 p.m. on
September 10, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0640 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Jared Stevens, Waterways Management Division,
MSU Cleveland, U.S. Coast Guard; telephone<PHONE_NUMBER>, 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 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 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
participants in these navigable waters before, during, and after the
boat festival.
    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 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
participants in these navigable waters before, during, and after the
Cleveland Dragon Boat Festival.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) has determined that a safety zone
is needed to protect the participants during the Cleveland Dragon Boat
Festival occurring on the Black River in Lorain, Ohio, on September 10,
2023.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7:45 a.m. until 5:15 p.m.
on September 10, 2023. The safety zone will cover all navigable waters
of the Black River, a tributary of Lake Erie in Lorain, Ohio, south of
East Erie Avenue Bridge and adjacent to the Black River Landing. The
duration of the zone is intended to ensure the safety of participants
in these navigable waters before, during, and after the Cleveland
Dragon Boat Festival. Dates and times of enforcement will be made
public via broadcast notice to mariners prior to the event. 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 approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on size, location,
and duration of the rule. This safety zone will restrict navigation
through the boat festival area.

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
call or email 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.

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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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 the
establishment of a safety zone that will prohibit entry in, out or
through navigable waters south of the East Erie Avenue Bridge and
adjacent to the Black River Landing, located on the Black River in
Lorain, OH. It is categorically excluded from further review under
paragraph L63(b) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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:  46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T09-0640 to read as follows:

Sec.  165.T09-0640  Safety Zone; Lake Erie, Black River, Lorain, OH,
South of East Erie Avenue Bridge Adjacent to Black River Landing.

    (a) Location. The safety zone will cover all navigable waters south
of the East Erie Avenue Bridge and adjacent to the Black River Landing,
located on the Black River in Lorain, Ohio, a tributary of Lake Erie.
    (b) Enforcement period. This section will be enforced from 7:45
a.m. through 5:15 p.m. on September 10, 2023.
    (c) Definitions. Official patrol vessel means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector
Buffalo (COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels attending the event.
    (d) Regulations. (1) The Coast Guard may patrol the event area
under the direction of a designated Coast Guard Patrol Commander. The
Patrol Commander may be contacted on Channel 16 VHF-FM (156.8 MHz) by
the call sign ``PATCOM.''
    (2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
    (4) No spectator shall anchor, block, loiter, or impede the through
transit of official patrol vessels in the regulated area during the
enforcement period listed in paragraph (b) of this section unless
cleared for entry by or through an official patrol vessel.
    (5) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (6) Any spectator vessel may anchor outside the regulated areas
specified in this section, but may not anchor in, block, or loiter in a
navigable channel.
    (7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (8) The Patrol Commander will terminate enforcement of the special
regulations in this section at the conclusion of the event.

    Dated: August 17, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-18326 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: May 8, 2009 (Volume 74, Number 88)]
[Rules and Regulations]
[Page 21550]
[DOCID:fr08my09-5]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0288]

Safety Zone; Chicago Harbor, Navy Pier East, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier East Safety Zone in
Chicago Harbor from 9 p.m. until 9:40 p.m. on May 22, 2009. This action
is necessary to protect vessels and people from the hazards associated
with fireworks displays. All vessels must obtain permission from the
Captain of the Port or his on-scene representative to enter, move
within or exit the safety zone.

DATES: The regulations in Sec.  165.933 will be enforced from 9 p.m. on
May 22, 2009 to 9:40 p.m. on May 22, 2009.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail LCDR Kimber Bannan, Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zone, Navy Pier East, Chicago Harbor, Chicago, IL, found in 33 CFR
165.933 (published on June 13, 2007 at 72 FR 32525) on May 22, 2009
from 9 p.m. through 9:40 p.m., for the Municipal Clerks of Illinois
Fireworks.
    The general regulations in 33 CFR 165.23 apply. All persons and
vessels must comply with the instructions of the Coast Guard Captain of
the Port or a designated representative. All vessels must obtain
permission from the Captain of the Port or his designated
representative to enter, move within or exit the safety zone. Vessels
and persons granted permission to enter the safety zone shall obey all
lawful orders or directions of the Captain of the Port or a designated
representative. While within a safety zone, all vessels shall operate
at the minimum speed necessary to maintain a safe course. Upon being
hailed by the U.S. Coast Guard by siren, radio, flashing light or other
means, the operator of a vessel shall proceed as directed.
    This notice is issued under authority of 33 CFR 165.933 Safety
Zone, Navy Pier East, Chicago Harbor, Chicago, IL, and 5 U.S.C. 552(a).
In addition to this notice in the Federal Register, the Coast Guard
will provide the maritime community with advance notification of these
enforcement periods via broadcast Notice to Mariners and Local Notice
to Mariners.
    The Captain of the Port will issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone established by
this section is suspended. The Captain of the Port may be contacted via
U.S. Coast Guard Sector Lake Michigan on channel 16, VHF-FM.

    Dated: April 23, 2009.
Bruce C. Jones,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. E9-10756 Filed 5-7-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45922-45923]
[FR Doc No: 2013-18196]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2013-0246; FRL 9535-1]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; New Marine Compression Ignition Engines at
or Above 30 Liters per Cylinder (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``New Marine Compression Ignition
Engines at or Above 30 Liters per Cylinder (Renewal),'' EPA ICR Number
2345.03, OMB Number 2060-0641, to the Office of Management and Budget
(OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed revision of
the ICR, which is currently approved through July 31, 2013. Public
comments were previously requested via the Federal Register (78 FR
29751) on May 21, 2013 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before August 29,
2013.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2013-0246, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Nydia Yanira Reyes-Morales,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Mail
Code 6403J, Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Title II of the Clean Air Act (42 U.S.C. 7521 et seq.),
charges EPA with issuing certificates of conformity for those engines
that comply with applicable emission standards. Such a certificate must
be issued before engines may be legally introduced into commerce. Under
this ICR, EPA collects information necessary to (1) issue certificates
of compliance with emission statements, and (2) verify compliance with
various programs and regulatory provisions pertaining to marine
compression-ignition engines with a specific engine displacement at or
above 30 liters per cylinder (Category 3 engines). To apply for a
certificate of conformity, manufacturers are required to submit
descriptions of their planned production engines, including detailed
descriptions of emission control systems and test data. This
information is organized by ``engine family'' groups expected to have
similar emission characteristics. The CAA also mandates that EPA
verifies that manufacturers have successfully translated their
certified prototypes into mass produced engines and that these engines
comply with emission standards throughout their useful lives.
    Under the Production Line Testing (PLT) Program, manufacturers of
Category 3 engines are required to test each engine at the sea trial of
the vessel in which the engine is installed or within the first 300
hours of operation, whichever comes first. This self-audit program
allows manufacturers to monitor compliance and minimize the cost of
correcting errors through early detection. In addition, owners and
operators of marine vessels with Category 3 engines must record certain
information and send minimal annual notifications to EPA to show that
engine maintenance and adjustments have not caused engines to be
noncompliant. From time to time, EPA may test in-use engines to verify
compliance with emission standards throughout the marine engine's
useful life and may ask for information about the engine family to be
tested. The information requested is collected by the Diesel Engine
Compliance Center (DECC), Compliance Division (CD), Office of
Transportation and Air Quality, Office of Air and Radiation, EPA.
Besides DECC and CD, this information could be used by the Office of
Enforcement and Compliance Assurance and the Department of Justice for
enforcement purposes.
    Proprietary information is kept confidential in accordance with the
Freedom of Information Act (FOIA), 40 CFR Parts 2 and 1042, and class
determinations issued by EPA's Office of General Counsel. Non-
confidential business information may be disclosed as requested under
FOIA.
    Forms: Annual Production Report; PLT CumSum Report; PLT Non-CumSum
Report.
    Respondents/affected entities: Respondents are manufacturers and
owners or operators of marine compression-ignition engines above 30
liters per cylinder and the vessels in which those engines are
installed.
    Respondent's obligation to respond: Manufacturers must respond to
this collection if they wish to sell and/or operate their Category 3
engines in the U.S. (required to obtain or retain a benefit), as
prescribed by Section 206(a) of the CAA (42 U.S.C. 7521) and 40 CFR
Part 1042. Certification reporting is mandatory under Section 206(a) of
CAA (42 U.S.C. 7521) and 40 CFR Part 1042, Subpart C. PLT reporting is
mandatory (Section 206(b)(1) of CAA (42 U.S.C. 7521) and 40 CFR Part
1042, Subpart D).
    Estimated number of respondents: 201.
    Frequency of response: Quarterly, Annually, On Occasion, depending
on the type of response.
    Total estimated burden: 24,813 hours per year. Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $1,931,765 (per year), includes an estimated
$734,588 annualized capital or maintenance and operational costs.
    Changes in the Estimates: There is an increase of 21,741 hours in
the total estimated burden for ICR 2345.03 from the burden currently
identified in the OMB Inventory of Approved ICR Burdens. This increase
is due to better accounting and an adjustment of estimates, not a
change in the program. The primary reason for the change is that the
hour burden in the previous ICR did not account for an annual records
audit that vessel owners have to perform and the annual report they
have to submit (first rows of table 5 in the Excel file). The previous
ICR only accounted for owner and rebuilder's recordkeeping requirements
(see table 6 on 2345.02). There are 187 respondents that are supposed
to prepare that report; so even though the burden is only 99 hours per
respondent, the total comes out high (at 18,813 hours). Second,
regarding the burden to engine manufacturers, this ICR accounts for PLT
testing and reporting (5,276 hours--see table 3) and SEAs (table 4),
which was not done in the previous ICR. The previous ICR only accounts
for certification (table 5 on 2345.02 vs. table 2 in 2345.03).

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2013-18196 Filed 7-29-13; 8:45 am]
BILLING CODE 6560-50-P