[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Notices]
[Page 13685]
[FR Doc No: 2019-06632]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4420-DR; Docket ID FEMA-2019-0001]

Nebraska; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-4420-DR), dated March 21, 2019, and
related determinations.

DATES: This amendment was issued March 30, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of March 21, 2019.

    Boone, Buffalo, Custer, Knox, Richardson, and Thurston Counties
and the Santee Sioux Nation for Individual Assistance (already
designated for debris removal and emergency protective measures
[Categories A and B], including direct federal assistance, under the
Public Assistance program).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-06632 Filed 4-4-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36253-36255]
[FR Doc No: 2023-11752]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2021-0479; FRL-10665-02-R3]

Air Plan Approval; Pennsylvania; Infrastructure State
Implementation Plan Revision Clean Air Act Section 110 Applicable
Requirements for the 2015 8-Hour Ozone National Ambient Air Quality
Standard (NAAQS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. Whenever EPA promulgates a new or revised national
ambient air quality standard (NAAQS or standard), the Clean Air Act
(CAA) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA. Pennsylvania has
formally submitted a SIP revision addressing certain infrastructure
elements for certain sections of the CAA for the 2015 8-hour ozone
NAAQS. EPA is approving Pennsylvania's submittal addressing these
infrastructure requirements for the 2015 ozone NAAQS in accordance with
the requirements of the CAA.

DATES: This final rule is effective on July 3, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2021-0479. All documents in the docket are listed on
the 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
www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Dr. Michael O'Shea, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1600 John F Kennedy
Boulevard, Philadelphia, Pennsylvania 19103. The telephone number is
(215) 814-2064. Dr. O'Shea can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On February 27, 2023 (88 FR 12301), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of the infrastructure requirements
submitted by Pennsylvania for section 110(a) of the CAA for the 2015
ozone NAAQS, aside from visibility protection. The formal SIP revision
was submitted by Pennsylvania on April 20, 2021.
    On October 26, 2015, EPA issued a final rule revising both the
primary and secondary ozone NAAQS for ground-level ozone to 0.070 parts
per million (ppm), based on the fourth-highest maximum daily 8-hour
ozone concentration per year, averaged over three years. 80 FR 65292.
    Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This type of
SIP submission is commonly referred to as an ``infrastructure SIP.''
These submissions must meet the various requirements of CAA section
110(a)(2), as applicable, within three years after promulgation of a
new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(1) of the CAA provides the procedural and
timing requirements for SIPs, while section 110(a)(2) lists specific
elements that states must meet for infrastructure SIP requirements
related to a newly established or revised NAAQS. Section 110(a)(2)
requires states to address basic SIP elements such as requirements for
monitoring, basic program framework and adequate legal authority that
are designed to assure attainment and maintenance of the NAAQS.

II. Summary of SIP Revision and EPA Analysis

    On April 20, 2021, the Commonwealth of Pennsylvania formally
submitted a SIP revision to satisfy the infrastructure requirements of
CAA section 110(a) for the 2015 ozone NAAQS (referred to as
``Pennsylvania's submittal'').

Pennsylvania's submittal addresses the following infrastructure
elements, or portions thereof, for the 2015 ozone NAAQS: CAA section
110(a)(2)(A), (B), (C), (D)(i)(II) (prevention of significant
deterioration (PSD)), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and
(M).
    Pennsylvania's submittal does not address the following elements of
CAA section 110(a)(2): sub-element (D)(i)(I) related to interstate
transport; and element (I), which pertains to the nonattainment
requirements of part D, title I of the CAA. Also, the Pennsylvania
infrastructure SIP submittal addressed the PSD portion of section
110(a)(2)(D)(i)(II) but provided only narrative context regarding the
history of the visibility protection portion of
section110(a)(2)(D)(i)(II). Therefore, EPA is not taking action on the
visibility protection element of 110(a)(2)(D)(i)(II) at this time.
    With respect to element (I), according to EPA's 2013 Infrastructure
Guidance, element (I) pertains to part D of title I of the CAA, which
addresses SIP requirements and submission deadlines for areas
designated nonattainment for a NAAQS. This element pertains to SIP
revisions that are collectively referred to as nonattainment SIPs or
attainment plans. Such SIP revisions are required if an area is
designated nonattainment and, if required, would be due to EPA by the
dates statutorily prescribed in CAA part D, subparts 2 through 5.
Because the CAA directs states to submit these plan elements on a
separate schedule, EPA does not believe it is necessary for states to
include these elements in the infrastructure SIP submission due three
years after adoption or revision of a NAAQS.\1\ Pennsylvania's
submittal also did not address the portion of CAA section
110(a)(2)(D)(i)(I) related to interstate transport for the 2015 ozone
NAAQS. Therefore, EPA is not taking any action related to
Pennsylvania's obligations under section 110(a)(2)(D)(i)(I) for the
2015 ozone NAAQS. Based upon EPA's review of Pennsylvania's submittal,
EPA proposed to determine that Pennsylvania's submittal satisfies the
infrastructure elements of CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) (PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M)
for the 2015 ozone NAAQS on February 27, 2023, via an NPRM.
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    \1\ See the ``Guidance on Infrastructure State Implementation
Plan (SIP) Elements under Clean Air Act Sections 110(a)(1) and
110(a)(2),'' Memorandum from Stephen D. Page, September 13, 2013,
for reference, included in the docket for this rulemaking action
available at www.regulations.gov, Docket ID Number EPA-R03-OAR-2021-
0479.
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    Other specific requirements of the infrastructure SIP and the
rationale for EPA's proposed action are explained in the NPRM, and its
associated technical support document (TSD), and will not be restated
here. The NPRM and TSD are available in the docket for this rulemaking
at www.regulations.gov, Docket ID Number EPA-R03-OAR-2021-0479.

III. EPA's Response to Comments Received

    EPA received one comment which can be found in the docket. The
commenter expressed support for this action.

IV. Final Action

    EPA is approving Pennsylvania's April 20th, 2021 infrastructure
submission which satisfies the following requirements of CAA section
110(a) for the 2015 ozone NAAQS: CAA section 110(a)(2)(A), (B), (C),
(D)(i)(II) (PSD), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
Pennsylvania's submittal did not address the following infrastructure
elements: CAA section 110(a)(2)(D)(i)(I) related to interstate
transport; and CAA section 110(a)(2)(I) pertaining to the nonattainment
requirements of part D, title I of the CAA. Therefore, EPA is not
taking action on these elements. Furthermore, Pennsylvania's submittal
included only narrative historical information pertaining to the
visibility protection element of 110(a)(2)(D)(i)(II). Therefore, EPA is
not taking action on that element at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The Pennsylvania Department of Environmental Protection (PADEP) did
not evaluate environmental justice considerations as part of its SIP
submittal; the CAA and applicable

implementing regulations neither prohibit nor require such an
evaluation. EPA did not perform an EJ analysis and did not consider EJ
in this action. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving environmental justice for people
of color, low-income populations, and Indigenous peoples.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 1, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action pertaining to Pennsylvania's section 110(a)(2)
infrastructure elements for the 2015 ozone NAAQS may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

Adam Ortiz,
Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
the entry ``Infrastructure State Implementation Plan Revision Clean Air
Act Sections 110 Applicable Requirements for the 2015 8-Hour Ozone
National Ambient Air Quality Standard (NAAQS)'' at the end of the table
to read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP      Applicable geographic       State                              Additional
            revision                       area           submittal date   EPA approval date      explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure State              Statewide.............       4/20/2021  6/2/2023, [insert   This section is
 Implementation Plan Revision                                              Federal Register    amended. This
 Clean Air Act Sections 110                                                citation].          action addresses
 Applicable Requirements for the                                                               the following, or
 2015 8-Hour Ozone National                                                                    portions thereof,
 Ambient Air Quality Standard                                                                  CAA elements:
 (NAAQS).                                                                                110(a)(2)(A),
                                                                                (B), (C),
                                                                                (D)(i)(II)(Preven
                                                                                tion of
                                                                                Significant
                                                                                Deterioration),
                                                                                D(ii), (E), (F),
                                                                                (G), (H), (J),
                                                                                (K), (L), and
                                                                                (M).
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-11752 Filed 6-1-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Rules and Regulations]
[Pages 31891-31893]
[FR Doc No: 2018-14740]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0630]
RIN 1625-AA00

Safety Zone; Hamburg Beach Blast Fireworks Display; Lake Erie,
Hamburg, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 280-foot radius of the launch site located at
Hamburg Beach, Hamburg, NY. This safety zone is intended to restrict
vessels from portions of Lake Erie

during the Hamburg Beach Blast fireworks display. 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 Buffalo.

DATES: This rule is effective from 9:45 p.m. until 10:45 p.m. on July
28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0630 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 LCDR Michael Collet, Chief Waterways Management Division,
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 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 because the event sponsor did not submit
notice to the Coast Guard with sufficient time remaining before the
event to publish an NPRM. Delaying the effective date of this rule to
wait for a comment period to run would be impracticable and contrary to
the public interest by inhibiting the Coast Guard's ability to protect
spectators and vessels form the hazards associated with a fireworks
display.
    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 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 in vicinity of the 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 (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 on July 28, 2018, from 9:45
p.m. until 10:45 p.m. The safety zone will encompass all waters of Lake
Erie; Hamburg, NY contained within 280-foot radius of:
42[deg]45'59.21'' N, 078[deg]52'41.51'' W.
    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 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 temporary 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.T09-0630 to read as follows:

Sec.  165.T09-0630   Safety Zone; Hamburg Beach Blast Fireworks
Display; Lake Erie, Hamburg, NY.

    (a) Location. The safety zone will encompass all waters of Lake
Erie; Hamburg, NY contained within a 280-foot radius of:
42[deg]45'59.21'' N, 078[deg]52'41.51'' W.
    (b) Enforcement period. This regulation will be enforced from 9:45
p.m. until 10:45 p.m. on July 28, 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 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: July 5, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-14740 Filed 7-9-18; 8:45 am]
 BILLING CODE 9110-04-P