34804 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 

b. Use the active voice to address 

readers directly; 

c. Use clear language rather than 

jargon; 

d. Be divided into short sections and 

sentences; and 

e. Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you believe 

lists or tables would be useful, etc. 

M. Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

N. E.O. 13771: Reducing Regulation and 

Controlling Regulatory Costs 

This action is not an E.O. 13771 

regulatory action because it imposes no 

more than de minimis costs. 

List of Subjects in 25 CFR Part 169 

Indians-lands, Reporting and 

recordkeeping requirements, Rights-ofway. 

For the reasons stated in the 

preamble, the Department of the 

Interior, Bureau of Indian Affairs, 

proposes to amend 25 CFR part 169 as 

follows: 

PART 169—RIGHTS-OF-WAY OVER 

INDIAN LAND 

■ 1. The authority citation for part 169 

continues to read as follows: 

Authority: 5 U.S.C. 301; 25 U.S.C. 323– 

328; 25 U.S.C. 2201 et seq. 

■ 2. Amend § 169.103 by adding 

paragraph (k) to read as follows: 

§ 169.103 What bonds, insurance, or other 

security must accompany the application? 

* * * * * 

(k) The requirements of this section 

do not apply to Federal, State, Tribal, or 

local governments who are prohibited 

by law from providing a bond, 

insurance, or other security. Federal, 

State, Tribal, or local governments 

seeking this exemption must include 

with their application a certification, 

including a citation to applicable law, 

that they are prohibited by law from 

providing security. Federal, State, 

Tribal, or local governments must also 

notify landowners that they are 

prohibited by law from providing 

security when they notify the Indian 

landowners of their application under 

§ 169.107. 

Dated: June 29, 2018. 

John Tahsuda, 

Principal Deputy Assistant Secretary—Indian 

Affairs exercising the authority of the 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2018–15680 Filed 7–20–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0683] 

RIN 1625–AA00 

Safety Zone; Great Lakes Offshore 

Grand Prix; Lake Erie, Dunkirk, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone for 

certain waters of Dunkirk Harbor, Lake 

Erie, Dunkirk, NY during the Great 

Lakes Offshore Grand Prix. This 

proposed rulemaking would prohibit 

persons and vessels from being in the 

safety zone unless authorized by the 

Captain of the Port Buffalo or a 

designated representative. We invite 

your comments on this proposed 

rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before August 7, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0683 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email LCDR Michael 

Collet, Chief of Waterways Management, 

U.S. Coast Guard Sector Buffalo; 

telephone 716–843–9322, email D09- 

SMB-SECBuffalo-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

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 

II. Background, Purpose, and Legal 

Basis 

On March 22, 2018, Dunkirk Local 

Development Corporation and Dunkirk 

Festivals notified the Coast Guard that 

it would be conducting a professional 

high speed powerboat race from 10:00 

a.m. until 5:00 p.m. on August 19, 2018. 

The race will be held in the vicinity of 

the Dunkirk Harbor. Hazards from the 

boat regatta include high speed vessels. 

The Captain of the Port Buffalo (COTP) 

has determined that potential hazards 

associated with the Great Lakes Offshore 

Grand Prix would be a safety concern 

for anyone within the designated safety 

zone. 

The purpose of this rulemaking is to 

enhance the safety of vessels and racers 

on the navigable waters within the 

designated safety zone before, during, 

and after the scheduled event. The Coast 

Guard proposes this rulemaking under 

authority 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

temporary safety zone enforced 

intermittently, from 10:00 a.m. until 

5:00 p.m. on August 19, 2018 with a 

rain date of August 18, 2018. The safety 

zone will encompass all navigable 

waters of Lake Erie, Dunkirk, NY 

starting at position 42°29′37.7′′ N, 

079°21′17.7′′ W then Northwest to 

42°29′45.2′′ N, 079°21′28.2′′ W then 

Northeast to 42°30′15.0′′ N, 079°21′20.0′′ 

W then Northeast to 42°30′39.0′′ N, 

079°19′46.0′′ W then Southeast to 

42°30′09.3′′ N, 079°19′03.1′′ W. The 

duration of the zone is intended to 

enhance the safety of vessels and these 

navigable waters before, during, and 

after the scheduled 10:00 a.m. until 5:00 

p.m. boat races. No vessel or person 

would be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. The regulatory text we 

are proposing appears at the end of this 

document. 

IV. 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 and 

Executive orders and we discuss First 

Amendment rights of protestors. 


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Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 34805 

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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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 size, location, duration, 

and time-of-day of the safety zone. 

Vessel traffic would not be able to safely 

transit around this safety zone, which 

would impact a small designated area of 

Lake Erie. However, the Coast Guard 

would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule would 

allow vessels to seek permission to enter 

the zone. 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

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. 

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 section. 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. 

C. Collection of Information 

This proposed rule would 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 proposed 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 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. 

If you believe this proposed 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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed 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 made a 

preliminary determination 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 proposed rule 

involves establishing a safety zone 

lasting 7 hours that would prohibit 

entry into all waters inside of Lake Erie, 

Dunkirk, NY starting at position 

42°29′37.7′′ N, 079°21′17.7′′ W then 

Northwest to 42°29′45.2′′ N, 

079°21′28.2′′ W then Northeast to 

42°30′15.0′′ N, 079°21′20.0′′ W then 

Northeast to 42°30′39.0′′ N, 079°19′46.0′′ 

W then Southeast to 42°30′09.3′′ N, 

079°19′03.1′′ W. Normally such actions 

are 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 

preliminary Record of Environmental 

Consideration (REC) supporting this 

determination is available in the docket 

where indicated under ADDRESSES. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http:// 


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34806 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Proposed Rules 

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://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 or a final 

rule is published. 

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 proposes to 

amend 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: 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.T09–0683 to read as 

follows: 

§ 165.T09–0683 Safety Zone; Great Lakes 

Offshore Grand Prix; Lake Erie, Dunkirk, 

NY. 

(a) Location. The safety zone will 

encompass all waters of Lake Erie, 

Dunkirk, 

NY starting at position 42°29′37.7′′ N, 

079°21′17.7′′ W then Northwest to 

42°29′45.2′′ N, 079°21′28.2′′ W then 

Northeast to 42°30′15.0′′ N, 079°21′20.0′′ 

W then Northeast to 42°30′39.0′′ N, 

079°19′46.0′′ W then Southeast to 

42°30′09.3′′ N, 079°19′03.1′′ W. 

(b) Enforcement Period. This rule is 

effective from 10:00 a.m. until 5:00 p.m. 

on August 19, 2018 with a rain date of 

August 18, 2018. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 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 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 17, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–15672 Filed 7–20–18; 8:45 am] 

BILLING CODE 9110–04–P 

POSTAL SERVICE 

39 CFR Part 111 

POSTNET Barcode 

AGENCY: Postal ServiceTM. 

ACTION: Proposed rule. 

SUMMARY: The Postal Service is 

proposing an amendment of the Mailing 

Standards of the United States Postal 

Service, Domestic Mail Manual, 

(DMM®) to remove all references to the 

POSTNETTM barcode. 

DATES: Submit comments on or before 

August 22, 2018. 

ADDRESSES: Mail or deliver written 

comments to the manager, Product 

Classification, U.S. Postal Service, 475 

L’Enfant Plaza SW, Room 4446, 

Washington, DC 20260–5015. If sending 

comments by email, include the name 

and address of the commenter and send 

to ProductClassification@usps.gov, with 

a subject line of ‘‘POSTNET.’’ Faxed 

comments are not accepted. 

You may inspect and photocopy all 

written comments, by appointment 

only, at USPS® Headquarters Library, 

475 L’Enfant Plaza SW, 11th Floor 

North, Washington, DC, 20260. These 

records are available for review on 

Monday through Friday, 9 a.m.–4 p.m., 

by calling 202–268–2906. 

FOR FURTHER INFORMATION CONTACT: 

Lizbeth Dobbins at (202) 268–3789 or 

Garry Rodriguez at (202) 268–7261. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 2, 2012, the Postal Service 

published a proposed rule in the 

Federal Register (77 FR 12764–12769) 

to discontinue automation price 

eligibility for POSTNET barcodes. This 

was followed by publication of a final 

rule in the Federal Register (77 FR 

26185–26191) on May 3, 2012. 

Effective January 27, 2013, the Postal 

Service revised the DMM throughout 

various sections to discontinue 

automation price eligibility based on the 

use of POSTNET barcodes on all types 

of mail. However, while the use of the 

POSTNET barcode was discontinued for 

price eligibility, the Postal Service 

continued to allow the use of the 

POSTNET barcode to qualify for certain 

Business Reply Mail® prices and in 

other circumstances. The DMM 

therefore retained language referring to 

POSTNET barcodes. 

Proposal 

As a result, after discussion with the 

mailing industry the Postal Service is 

proposing to remove all references to 

the POSTNET barcode from the DMM. 

This decision was based on the limited 

use of the POSTNET barcode and the 

need to simplify the standards in 

regards to barcoding letter-size and flatsize mailpieces. 

The Postal Service will continue to 

process mailpieces with a POSTNET 

barcode to accommodate customers who 

may have preprinted stock bearing a 

POSTNET barcode. 

Although exempt from the notice and 

comment requirements of the 

Administrative Procedure Act (5 U.S.C. 

553(b), (c)) regarding proposed 

rulemaking by 39 U.S.C. 410(a), the 

Postal Service invites public comments 

on the following proposed revisions to 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), incorporated by reference in the 

Code of Federal Regulations. See 39 CFR 

111.1. 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Accordingly, 39 CFR part 111 is 

proposed to be amended as follows: 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 


amozie on DSK3GDR082PROD with PROPOSALS1