[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Proposed Rules]
[Pages 69576-69579]
[FR Doc No: 2012-28130]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0911]
RIN 1625-AA09

Drawbridge Operation Regulation; Thea Foss Waterway Previously
Known as City Waterway, Tacoma, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Murray Morgan Bridge, also known as the South 11th Street
Bridge, across Thea Foss Waterway, mile 0.6, previously known as City
Waterway, at Tacoma, WA. This proposed rule would allow more efficient
staffing of the bridge operating crew by requiring advance notification
for bridge openings during designated hours. This proposed rule will
also remove existing authorized closure periods for the bridge to
better reflect present day transportation needs. Lastly, this proposed
change will update contact information for requesting emergency bridge
openings.

DATES: Comments and related material must reach the Coast Guard on or
before January 4, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0911 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email the Bridge Administrator, Coast Guard Thirteenth
District; telephone<PHONE_NUMBER> email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Renee V.

Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0911), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2012-0911'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0911'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one on or before December 20, 2012, using one of the four
methods specified under ADDRESSES. Please explain why one would be
beneficial. If we determine that a public meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.

B. Regulatory History and Information

    Presently the bridge operates under 33 CFR 117.1061 which requires
a two hour notice for an opening and allows the bridge to not open
during morning and afternoon rush hours. This proposed rule will
eliminate the authorized closure during the morning and afternoon rush
hour and it will add an additional advance notification for bridge
openings between 10 p.m. and 8 a.m. Waterway users and Marine
Facilities in the vicinity of the bridge have received direct email
correspondence to inform them of the proposed rule. Additionally the
Coast Guard has issued a temporary deviation to test the proposed rule
and to gather comments or concerns about the proposed rule. The
temporary test deviation may be found online at http://www.regulations.gov, under docket number USCG-2012-0911.

C. Basis and Purpose

    The Coast Guard, at the request of the City of Tacoma, proposes to
change the regulation which governs the operating schedule of the
Murray Morgan Bridge. This proposed change will allow the City of
Tacoma to staff the bridge operating crew more efficiently and will
better accommodate present day transportation needs. This proposed
change will also update contact information needed to request emergency
openings of the bridge.

D. Discussion of Proposed Rule

    Three amendments to the existing operating regulation are being
proposed for the Murray Morgan Bridge. The first proposed amendment
would require that for bridge openings between 10 p.m. and 8 a.m.,
notification be made no later than 8 p.m. prior to the desired opening.
This differs from the existing regulation in that presently the bridge
is required to open at all times (except during authorized closure
periods) provided two hours advance notice is given. This amendment for
notification by 8 p.m. for openings between 10 p.m. and 8 a.m. is being
proposed because openings between 10 p.m. and 8 a.m. are extremely
rare. Over an 18 month period there were only 6 bridge openings
requested between 10 p.m. and 8 a.m. which averages one bridge opening
request per three month period. One of the unique features of the
Murray Morgan Bridge is its height above the waterway providing 60 feet
of clearance at mean high water (MHW) in the closed position. Because
of this vertical clearance the overwhelming majority of vessels which
transit this waterway do not require a bridge opening. The majority of
bridge openings are for locally moored and operated recreational
sailboats with mast heights over 60 feet. Almost all of these vessels
are moored at marinas in very close proximity of the bridge.
    The second amendment proposed to the regulation is to remove the
authorized morning and afternoon bridge closure periods. The current
regulation states that the draw need not be opened from 6:30 a.m. to
8:30 a.m. and 3:30 p.m. to 5:30 p.m. Monday through Friday, for vessels
of less than 1,000 gross tons. This proposed change would require the
draw to open at all times with proper advance notification. The morning
and afternoon authorized closures of the bridge outlined in the
existing regulation were put into place when the bridge was part of SR
509, a

continuous route from Northeast Tacoma to downtown, and traffic volumes
were approximately 15,000 vehicles per day. In 1997 a new SR 509 was
constructed approximately 0.7 miles south of the bridge and is now used
as the main traffic corridor. After completion of the new SR 509, the
Murray Morgan Bridge connection between Northeast Tacoma and downtown
was severed due to roadway reconfiguration, resulting in traffic
volumes dropping dramatically; therefore, the bridge no longer conveys
high volumes of traffic during the morning and afternoon rush hours.
    The third proposed amendment to the existing regulation changes the
contact information for emergency bridge openings. The existing
regulation states ``In emergencies, openings shall be made as soon as
possible upon notification to the Washington State Department of
Transportation.'' The proposed change would state notification for
emergency opening would be made to the City of Tacoma. The reason for
this change is because Washington State turned over ownership and
responsibility of the bridge to the City of Tacoma on January 6, 1998.
To help evaluate these proposed changes the Coast Guard has issued a
Temporary Deviation from the operating schedule that governs the Murray
Morgan Bridge. The Temporary Deviation mirrors the regulation changes
proposed in this document. Comments may be submitted for the Temporary
Deviation following the same procedure as outlined in the ``Public
Participation and Request for Comments'' portion of the SUPPLEMENTARY
INFORMATION section of this notice.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule to be
insignificant and therefore a full Regulatory Evaluation is
unnecessary. Very few vessels will be impacted because all requested
bridge openings will be granted with advance notification.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
would not have a significant economic impact on a substantial number of
small entities. This action will not have a significant economic impact
on a substantial number of small entities because it does not authorize
closure periods for the bridge. Additionally, because the bridge
provides 60 feet of vertical clearance when it is in the closed
position only a very few numbers of vessels using the waterway require
a bridge opening to transit the area. The vessels that require a bridge
opening are primarily privately owned tall mast sailboats moored in
close proximity of the bridge. Vessels which do require an opening will
be granted an opening without delay when appropriate notification is
given.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 proposed 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, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    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 proposed rule under that Order and
have determined that it does not have implications for federalism.

6. 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.

7. 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 proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. The Administrator of the Office of
Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. This rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as
follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

    2. Amend Sec.  117.1061 to revise paragraph (b) to read as follows:

Sec.  117.1061  Tacoma Harbor.

* * * * *
    (b) The draw of the Murray Morgan Bridge, also known as the South
11th Street Bridge, across Thea Foss Waterway, previously known as City
Waterway, mile 0.6, at Tacoma, shall open on signal if at least two
hours notice is given. However, to obtain a bridge opening between 10
p.m. and 8 a.m., notification must be made to the City of Tacoma by 8
p.m. In emergencies, openings shall be made as soon as possible upon
notification to the City of Tacoma.

    Dated: November 2, 2012.
K.A. Taylor,
Rear Admiral, U. S. Coast Guard Commander, Thirteenth Coast Guard
District.
[FR Doc. 2012-28130 Filed 11-19-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29689-29691]
[FR Doc No: 2018-13600]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0567]
RIN 1625-AA00

Safety Zone; Bay Village Independence Day Fireworks; Lake Erie,
Bay Village, OH

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 560-foot radius of the launch site located at
Cahoon Park, Bay Village, OH. This safety zone is intended to restrict
vessels from a portion of Lake Erie during the Bay Village Independence
Day 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 Sector Buffalo.

DATES: This rule is effective from 9:45 p.m. through 10:45 p.m. on July
4, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0567 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<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 find that those
procedures are ``impracticable, unnecessary, or contrary to public
interest.'' On April 19, 2018, the Captain of the Port (COTP) Buffalo
published a notice of proposed rulemaking (NPRM), Docket Number USCG-
2017-1112, to make temporary safety zones for annual events a final
rule. This event was included in the NPRM. Its purpose was to mitigate
potential threats to personnel, vessels, and the marine environment in
the navigable waters within the specified safety zones. The NPRM
addressed these concerns, and invited the public to comment during the
comment period, which ended on May 21, 2018. As such, it is unnecessary
to publish an NPRM for this temporary rule because the public had
opportunity to comment on it and no comments were received concerning
this event.
    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 ensuring safety of life on the
navigable waters and protection of persons and vessels in the 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 4, 2018, from 9:45 p.m.
through 10:45 p.m. The safety zone will encompass all waters of Lake
Erie, Bay Village, OH contained within 560-foot radius of:
41[deg]29'23.9'' N, 081[deg]55'44.5'' 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.T09-0567 to read as follows:

Sec.  165.T09-0567  Safety Zone; Bay Village Independence Day
Fireworks; Lake Erie, Bay Village, OH.

    (a) Location. This zone will encompass all U.S waterways within a
560 foot radius of the fireworks launch site located at position
41[deg]29'23.9'' N, 081[deg]55'44.5'' W, Bay Village, OH (NAD 83).
    (b) Enforcement period. This regulation is effective and will be
enforced on July 4, 2018 from 9:45 p.m. until 10:45 p.m.
    (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 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.

    Dated: June 20, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13600 Filed 6-25-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 142 (Tuesday, July 26, 2022)]
[Notices]
[Pages 44414-44415]
[FR Doc No: 2022-15898]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0342; OMB Control Number 1625-0105]

Information Collection Request to Office of Management and Budget

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0105,
Regulated Navigation Area; Reporting Requirements for Barges Loaded
with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast Guard
District and the Illinois Waterway, Ninth Coast Guard District; without
change. Our ICR describes the information we seek to collect from the
public. Before submitting this ICR to OIRA, the Coast Guard is inviting
comments as described below.

DATES: Comments must reach the Coast Guard on or before September 26,
2022.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2022-0342] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and

request for comments'' portion of the SUPPLEMENTARY INFORMATION section
for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-6P), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S.
COAST GUARD, 2703 MARTIN LUTHER KING JR. AVE SE, STOP 7710, WASHINGTON,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology.
    In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2022-0342], and
must be received by September 26, 2022.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).

Information Collection Request

    Title: Regulated Navigation Area; Reporting Requirements for Barges
Loaded with Certain Dangerous Cargoes, Inland Rivers, Eighth Coast
Guard District and the Illinois Waterway, Ninth Coast Guard District.
    OMB Control Number: 1625-0105.
    Summary: The Coast Guard requires position and intended movement
reporting, and fleeting operations reporting, from barges carrying
certain dangerous cargoes (CDCs) in the inland rivers within the Eighth
and Ninth Coast Guard Districts. The reporting requirements are found
in 33 CFR 165.830 and 165.921.
    Need: This information is used to ensure port safety and security
and to ensure the uninterrupted flow of commerce.
    Forms: N/A.
    Respondents: Owners, agents, masters, towing vessel operators, or
persons in charge of barges loaded with CDCs or having CDC residue
operating on the inland rivers located within the Eighth and Ninth
Coast Guard Districts.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden remains 4 hours a year.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: July 20, 2022.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2022-15898 Filed 7-25-22; 8:45 am]
BILLING CODE 9110-04-P