Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 26367 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary safety zone lasting only 4 

hours that prohibits entry on a half-mile 

stretch of the Ohio River for 4 hours on 

one day from June 2, 2016 through June 

16, 2018. 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 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

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

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

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0308 to read as 

follows: 

§ 165.T08–0308 Safety Zone; Ohio River, 

mile marker 27.8 to mile marker 28.2, 

Vanport, PA. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Ohio River from mile marker 27.8 to 

mile marker 28.2. 

(b) Effective period. This section is 

effective from 8 a.m. on June 2, 2018 

through 6 p.m. on June 16, 2018. 

(c) Enforcement period. This section 

will be enforced from June 2, 2018 

through June 16, 2018, subject to cargo 

delivery intervals and potential 

inclement weather, 30 minutes prior to, 

during, and 1 hour after any cargo 

movement in the vicinity of the Vanport 

Highway Bridge. The Captain of the Port 

Marine Safety Unit Pittsburgh (COTP) or 

a designated representative will inform 

the public of the enforcement period 

through BNMs, LNMs, and/or Marine 

Safety Information Bulletins (MSIBs) or 

through other means of public notice at 

least 3 hours in advance of the 

enforcement period. A safety vessel will 

coordinate all vessel traffic during the 

enforcement of this safety zone. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry into this zone is prohibited unless 

authorized by the COTP or designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Marine 

Safety Unit Pittsburgh. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. They may be contacted 

on VHF–FM Channel 16 or 67. 

(3) All persons and vessels permitted 

to enter this safety zone must transit at 

the slowest safe speed and comply with 

all lawful directions issued by the COTP 

or the designated representative. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement through Local Notices to 

Mariners (LNMs), Broadcast Notices to 

Mariners (BNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: June 1, 2018. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2018–12283 Filed 6–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0242] 

RIN 1625–AA00 

Safety Zone; Blazing Paddles 2018 

SUP Race; Cuyahoga River, Cleveland, 

OH& 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Cuyahoga River 

during the Blazing Paddles Stand Up 

Paddleboard Race. This safety zone is 

intended to restrict vessels from a 

portion of the Cuyahoga River during 

the Blazing Paddles Stand Up 

Paddleboard Race. This temporary 

safety zone is necessary to protect 

mariners and racers from the 

navigational hazards associated with the 

Stand Up Paddleboard Race. 

DATES: This rule is effective from 8:30 

a.m. through 11:30 a.m. on June 23, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 


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26368 Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0242 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 Michael Collet, Chief of 

Waterways Management, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9322, email 

SectorBuffaloMarineSafety@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On April 20, 2018 the Coast Guard 

published a Notice of Proposed 

Rulemaking (NPRM) titled Blazing 

Paddles 2018 SUP Race; Cuyahoga 

River, Cleveland, OH § 165.T09–0242. 

In that we discussed why we issued the 

NPRM and invited comments on our 

proposed regulatory action related to 

this Standup Paddleboard race. The 

comment period ended May 30, 2018; 

we received one comment relating to the 

event. The comment makes note of a 

Memorandum of Understanding that 

had been agreed upon by the Lake 

Carriers’ Association and Share the 

River. The Lake Carriers Association 

have no objection to the proposed rule. 

There was nothing further that needed 

to be addressed regarding the 

Temporary Final Rule. 

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 ensuring safety of life on 

the navigable waters and protection of 

persons and vessels near the event. 

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 large-scale paddle 

craft event on a navigable waterway will 

pose a significant risk to participants 

and the boating public. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the Blazing Paddles Race is 

happening. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received one 

comment on our NPRM published April 

30, 2018, and there was no objection to 

the proposed rule. There are no changes 

in the regulatory text of this rule from 

the proposed rule in the NPRM. 

This rule establishes a safety zone 

from 8:30 a.m. through 11:30 a.m. on 

June 23, 2018. The safety zone will 

cover all navigable waters at the start 

point at position 41°29′36′′ N and 

081°42′13′′ W to the turnaround point at 

position 41°28′52′′ N and 081°40′33′′ W 

on the Cuyahoga River in Cleveland, 

OH. The duration of the zone is 

intended to ensure the safety of vessels 

and these navigable waters before, 

during, and after the scheduled 9 to 11 

a.m. Paddleboard Race. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the COTP Buffalo 

or his designated on-scene 

representative. The COTP 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 characteristics of the 

safety zone. The safety zone created by 

this rule will be relatively small and is 

designed to minimize its impact on 

navigable waters. Furthermore, the 

safety zone has been designed to allow 

vessels to transit around it. In addition, 

the safety zone will designate times 

when races are not occurring; allowing 

vessels to travel through the safety zone. 

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 COTP. 

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 received 00 comments 

from the Small Business Administration 

on this 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. 

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 


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Federal Register / Vol. 83, No. 110 / Thursday, June 7, 2018 / Rules and Regulations 26369 

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. 

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 

establishment of a 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 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.T09–0242 to read as 

follows: 

§ 165.T09–0242 Safety Zone; Blazing 

Paddles 2018 SUP Race; Cuyahoga River, 

Cleveland, OH. 

(a) Location. The safety zone will 

encompass all waters of the Cuyahoga 

River in Cleveland OH, beginning at 

position 41°29′36′′ N and 081°42′13′′ W 

to the turnaround point at position 

41°28′52′′ N and 081°40′33′′ (NAD 83). 

(b) Enforcement period. This rule will 

be enforced from 8:30 a.m. through 

11:30 a.m. on June 23, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Buffalo (COTP) or his designated onscene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or his 

designated on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the COTP is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the COTP 

to act on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP Buffalo or his onscene representative to obtain 

permission to do so. The COTP or his 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(716) 843–9322. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

Dated: June 4, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–12301 Filed 6–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0376; FRL–9978–20] 

Acequinocyl; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of acequinocyl in 

or on guava and the tropical and 

subtropical, small fruit, inedible peel, 

subgroup 24A. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective June 

7, 2018. Objections and requests for 

hearings must be received on or before 

August 6, 2018, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2017–0376, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 


sradovich on DSK3GMQ082PROD with RULES