26844 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0519] 

RIN 1625–AA00 

Safety Zone; LAZ Trommler Fireworks, 

Sandusky Bay, Marblehead, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the Captain of the Port Detroit Zone on 

Sandusky Bay, in the vicinity of 

Marblehead, OH. This Zone is intended 

to restrict vessels from portions of the 

Sandusky Bay for the LAZ Trommler 

Fireworks Display. Persons and vessels 

are prohibited from entering into, 

transiting through, or anchoring within 

this safety zone unless authorized by the 

Captain of the Port Detroit, or his 

designated representative. This 

temporary safety zone is necessary to 

protect spectators and vessels from the 

hazards associated with fireworks 

displays. 

DATES: This regulation is effective from 

9 p.m. on July 4, 2018 until 10:30 p.m. 

on July 5, 2018. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2018–0519. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email MST1 Ryan 

Erpelding, Waterways Department, 

Marine Safety Unit Toledo, Coast Guard; 

telephone (419) 418–6037, email 

Ryan.G.Erpelding@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

I. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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. The event 

sponsor notified the Coast Guard with 

insufficient time to accommodate the 

comment period. Thus, delaying the 

effective date of this rule to wait for the 

comment period to run would be 

impracticable and contrary to the public 

interest because it would prevent the 

Captain of the Port Detroit from keeping 

the public safe from the hazards 

associated with a maritime fireworks 

displays. 

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. Waiting for a 30-day effective 

period to run is impracticable and 

contrary to the public interest for the 

reasons discussed in the preceding 

paragraph. 

II. 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 Detroit (COTP) has 

determined that potential hazards 

associated with fireworks displays 

starting after 9:30 p.m. on July 4, 2018 

will be a safety concern for anyone 

within a 500 foot radius of the launch 

site. The likely combination of 

recreational vessels, darkness 

punctuated by bright flashes of light, 

and fireworks debris falling into the 

water presents risks of collisions which 

could result in serious injuries or 

fatalities. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone during the 

fireworks display. 

III. Discussion of the Rule 

This rule establishes a safety zone that 

will be enforced from 9 p.m. until 10:30 

p.m. on July 4, 2018 with a rain date of 

July 5, 2018 from 9 p.m. until 10:30 p.m. 

The safety zone will encompass all U.S. 

navigable waters of the Sandusky Bay 

within a 500 foot radius of the fireworks 

launch site located at position 41°30′16′′ 

N, 083°48′08′′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters during the fireworks display. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port, Sector Detroit or his designated 

representative. The Captain of the Port, 

Sector Detroit or his designated 

representative may be contacted via 

VHF Channel 16. 

IV. 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 (‘‘Regulatory 

Planning and Review’’) and 13563 

(‘‘Improving Regulation and Regulatory 

Review’’) 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 

including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and equity. 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. Executive Order 13771 

(‘‘Reducing Regulation and Controlling 

Regulatory Costs’’), directs agencies to 

reduce regulation and control regulatory 

costs and provides that ‘‘for every one 

new regulation issued, at least two prior 

regulations be identified for elimination, 

and that the cost of planned regulations 

be prudently managed and controlled 

through a budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

significant regulatory action under 

section 3(f) of Executive Order 12866. 

Accordingly, the Office of Management 

and Budget (OMB) has not reviewed it. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

titled ‘‘Interim Guidance Implementing 

Section 2 of the Executive Order of 

January 30, 2017 titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (February 2, 2017). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. The majority 

of vessel traffic will be able to safely 

transit around the safety zone, which 

will impact only a portion of the 

Sandusky Bay in Marblehead, OH for a 

short period time. Under certain 

conditions, moreover, vessels may still 


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Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations 26845 

transit through the safety zone when 

permitted by the Captain of the Port. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. 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. Under the 

Regulatory Flexibility Act (5 U.S.C. 

601–612), we have considered the 

impact of this temporary rule on 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 

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 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting 90 minutes that will 

prohibit entry within a 500 foot radius 

from where a fireworks display will be 

conducted. 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 record keeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0519 to read as 

follows: 

§ 165.T09–0519 Safety Zone; LAZ 

Trommler Fireworks, Sandusky Bay, 

Marblehead, OH. 

(a) Location. The following area is a 

temporary safety zone: All U.S. 

navigable waters of the Sandusky Bay 

within a 500 foot radius of the fireworks 

launch site located at position 41°30′16′′ 

N 083°48′08′′ W. All geographic 

coordinates are North American Datum 

of 1983 (NAD 83). 

(b) Enforcement period. This 

regulation will be enforced from 9 p.m. 

until 10:30 p.m. on July 4, 2018 with a 

rain date of July 5, 2018 from 9 p.m. 

until 10:30 p.m. The Captain of the Port 

Detroit, or a designated representative 

may suspend enforcement of the safety 

zone at any time. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Detroit, or his designated representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his designated representative. 

(3) The ‘‘designated representative’’ of 

the Captain of the Port Detroit is any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port Detroit to act 

on his behalf. The designated 

representative of the Captain of the Port 

Detroit will be aboard either a Coast 

Guard or Coast Guard Auxiliary vessel. 

The Captain of the Port Detroit or his 

designated representative may be 

contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 


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26846 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Rules and Regulations 

contact the Captain of the Port Detroit 

or his designated representative to 

obtain permission to do so. 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 Detroit or his 

designated representative. 

Dated: June 6, 2018. 

Jeffrey W. Novak, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2018–12517 Filed 6–8–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 222, 237, and 252 

[Docket DARS–2018–0032] 

RIN 0750–AJ66 

Defense Federal Acquisition 

Regulation Supplement: Repeal of 

DFARS Clause ‘‘Right of First Refusal 

of Employment-Closure of Military 

Installations’’ (DFARS Case 2018– 

D002) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule; correction. 

SUMMARY: DoD is making a correction to 

the final rule published on May 30, 

2018, which amended the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to remove a 

clause that is duplicative of an existing 

Federal Acquisition Regulation (FAR) 

clause. The document contained an 

incorrect RIN number. 

DATES: Effective June 8, 2018. 

Applicable beginning May 30, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: In the 

final rule published at 83 FR 24892 on 

May 30, 2018, in the third column, the 

following correction is made to this 

rule: 

The RIN number cited, RIN 0750– 

AJ54, is corrected to read RIN 0750– 

AJ66. 

Amy G. Williams, 

Deputy, Defense Acquisition Regulations 

System. 

[FR Doc. 2018–12492 Filed 6–8–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 390 and 391 

[Docket No. FMCSA–2016–0333] 

RIN 2126–AB97 

Process for Department of Veterans 

Affairs (VA) Physicians To Be Added to 

the National Registry of Certified 

Medical Examiners 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA amends the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to establish an alternative 

process for qualified advanced practice 

nurses, doctors of chiropractic, doctors 

of medicine, doctors of osteopathy, 

physician assistants, and other medical 

professionals who are employed in the 

VA and are licensed, certified, or 

registered in a State to perform physical 

examinations (qualified VA examiners) 

to be listed on the Agency’s National 

Registry of Certified Medical Examiners, 

as required by the Fixing America’s 

Surface Transportation (FAST) Act and 

the Jobs for Our Heroes Act. After 

successful completion of online training 

and testing developed by FMCSA, these 

qualified VA examiners will become 

certified VA medical examiners who 

can perform medical examinations of, 

and issue Medical Examiner’s 

Certificates to, commercial motor 

vehicle operators who are military 

veterans enrolled in the VA healthcare 

system. This rule will reduce the costs 

for qualified VA examiners to be listed 

on the National Registry. 

DATES: This final rule is effective August 

10, 2018. Petitions for Reconsideration 

of this final rule must be submitted to 

the FMCSA Administrator no later than 

July 11, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Medical Programs 

Division, MC–PSP, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001 or by telephone at (202) 

366–4001 or by email, fmcsamedical@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Docket Services, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

This final rule is organized as follows: 

I. Rulemaking Documents 

A. Availability of Rulemaking Documents 

B. Privacy Act 

II. Executive Summary 

A. Purpose of the Amendments 

B. Summary of Major Provisions 

C. Benefits and Costs 

III. Abbreviations and Acronyms 

IV. Legal Basis for the Rulemaking 

V. Background 

A. National Registry of Certified Medical 

Examiners 

B. Medical Examiner’s Certification 

Integration 

VI. December 1, 2016, Proposed Rule 

VII. Discussion of Comments Received on the 

Proposed Rule 

VIII. Explanation of Changes From the NPRM 

IX. Section-by-Section Analysis 

X. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT Regulatory 

Policies and Procedures 

B. E.O. 13771 (Reducing Regulation and 

Controlling Regulatory Costs) 

C. Regulatory Flexibility Act 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act 

G. E.O. 13132 (Federalism) 

H. E.O. 12988 (Civil Justice Reform) 

I. E.O. 13045 (Protection of Children) 

J. E.O. 12630 (Taking of Private Property) 

K. Privacy 

L. E.O. 12372 (Intergovernmental Review) 

M. E.O. 13211 (Energy Supply, 

Distribution, or Use) 

N. E.O. 13783 (Promoting Energy 

Independence and Economic Growth) 

O. E.O. 13175 (Indian Tribal Governments) 

P. National Technology Transfer and 

Advancement Act (Technical Standards) 

Q. Environment (NEPA, CAA, 

Environmental Justice) 

I. Rulemaking Documents 

A. Availability of Rulemaking 

Documents 

For access to docket FMCSA–2016– 

0333 to read background documents and 

comments received, go to http://

www.regulations.gov at any time, or to 

Docket Services at U.S. Department of 

Transportation, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

B. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its rulemaking process. 

DOT posts these comments, without 

edit, including any personal information 

the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.transportation.gov/privacy. 

II. Executive Summary 

A. Purpose of the Amendments 

This final rule amends the FMCSRs to 

establish an alternative process for 


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