36432 Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 

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 involves a 30 

minute safety zone that will prohibit 

entry into a designated area. 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 

■ 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.T09–0717 to read as 

follows: 

§ 165.T09–0717 Safety Zone; Waterview 

Loft Fireworks I, Detroit River, Detroit, MI. 

(a) Location. A safety zone is 

established to include all U.S. navigable 

waters of the Detroit River, Detroit, MI, 

within a 350-foot radius of position 

42°19.529′ N 083°02.436′ W (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) will be 

enforced from 9:30 p.m. through 10 p.m. 

on August 14, 2018. 

(c) Regulations. 

(1) No vessel or person may enter, 

transit through, or anchor within the 

safety zone unless authorized by the 

Captain of the Port Detroit (COTP), or 

his on-scene representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or his on-scene 

representative. 

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

COTP is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State, or local law 

enforcement officer designated by or 

assisting the Captain of the Port Detroit 

to act on his behalf. 

(4) Vessel operators shall contact the 

COTP or his on-scene representative to 

obtain permission to enter or operate 

within the safety zone. The COTP or his 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(313) 568–9464. Vessel operators given 

permission to enter or operate in the 

regulated area must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

Dated: July 24, 2018. 

Jeffrey W. Novak, 

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

Port Detroit. 

[FR Doc. 2018–16208 Filed 7–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0661] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone— 

August and September Events 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

certain safety zones located in Federal 

regulations for recurring marine events. 

This action is necessary and intended 

for the safety of life and property on 

navigable waters during these events. 

During each enforcement period, no 

person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo. 

DATES: The regulations in 33 CFR 

165.939 will be enforced during the 

month of August and September as 

noted in the SUPPLEMENTARY

INFORMATION section below. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LTJG Sean 

Dolan, Chief of Waterways Management, 

U.S. Coast Guard Sector Buffalo; 

telephone 716–843–9322, email D09- 

SMB-SECBuffalo-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in 33 CFR 165.939 

for the following events: 


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Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Rules and Regulations 36433 

(1) Thunder on the Niagara 

Hydroplane Boat Races, North 

Tonawanda, NY; The safety zone listed 

in 33 CFR 165.939(c)(4) will be enforced 

from 9 a.m. to 6 p.m. on August 4, 2018, 

until August 5, 2018. 

(2) D-Day Conneaut, Conneaut, OH; 

The safety zone listed in 33 CFR 

165.939(c)(2) will be enforced from 9 

a.m. to 5 p.m. on August 17, 2018, until 

August 18, 2018. 

(3) Madison Township Light up the 

Park, Madison, OH; The safety zone 

listed in 33 CFR 165.939(d)(1) will be 

enforced from 9:15 p.m. to 10:15 p.m. 

on September 2, 2018. 

(4) Cleveland National Air Show, 

Cleveland, OH; The safety zone listed in 

33 CFR 165.939(d)(2) will be enforced 

daily from 9 a.m. to 6 p.m. August 30— 

September 3, 2018. 

(5) Head of the Cuyahoga, Cleveland, 

OH; The safety zone listed in 33 CFR 

165.939(d)(3) will be enforced from 6:45 

a.m. to 4:15 p.m. on September 15, 

2018. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or his 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or his designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552(a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the Captain 

of the Port Buffalo determines that the 

safety zone need not be enforced for the 

full duration stated in this notice he or 

she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the respective safety zone. 

Dated: July 25, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–16191 Filed 7–27–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 147 

[EPA–HQ–OW–2017–0584; FRL–9981–56– 

OW] 

State of Idaho Voluntary Transfer of 

Primacy of the Class II Underground 

Injection Control Program to the 

Environmental Protection Agency 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a final rule to 

amend its Underground Injection 

Control (UIC) regulations to reflect the 

transfer of the state of Idaho’s UIC 

program for Class II injection wells from 

Idaho to the EPA. Idaho submitted a 

formal request that the EPA transfer and 

directly implement the Class II UIC 

Program. Idaho will maintain primacy 

for Class I, III, IV, and V injection wells 

pursuant to their program approved by 

the EPA in 1985. 

DATES: This rule is effective July 30, 

2018. For judicial purposes, this final 

rule is promulgated as of July 30, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OW–2017–0584. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Colin Dyroff, Drinking Water Protection 

Division, Office of Ground Water and 

Drinking Water (4606M), U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: (202) 564– 

3149; fax number: (202) 564–3754; 

email address: dyroff.colin@epa.gov; or 

Evan Osborne, U.S. Environmental 

Protection Agency, Region 10, 1200 6th 

Ave., OCE–101, Seattle, Washington 

98101; telephone number: (206) 553– 

1747; fax number: (206) 553–1762; 

email address: osborne.evan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA taking this action? 

On August 25, 2017, the EPA received 

a letter from the Idaho Department of 

Water Resources (IDWR), formally 

requesting that the EPA transfer and 

directly implement the Class II UIC 

program in Idaho, pursuant to the Code 

of Federal Regulations (CFR) at 40 CFR 

145.34(a). Class II injection wells inject 

fluids (1) that are brought to the surface 

in connection with natural gas storage, 

or oil or natural gas production; or (2) 

for the purpose of enhanced oil or 

natural gas recovery; or (3) for the 

storage of hydrocarbons, which are 

liquid at standard temperature and 

pressure. Idaho received primary 

implementation and enforcement 

authority (primacy) for Class I, II, III, IV, 

and V injection wells under the Safe 

Drinking Water Act, section 1422, on 

July 22, 1985. Idaho has since 

maintained primacy for these injection 

well classes. 

The voluntary transfer of authority for 

the UIC Class II program to the EPA will 

allow the EPA to issue Class II permits 

in Idaho. The EPA will be responsible 

for the direct implementation of the 

Class II underground injection control 

program in Idaho, including permitting, 

compliance, and enforcement 

responsibilities, pursuant to the SDWA 

and federal UIC regulations. 

On November 27, 2017, the EPA 

published a Federal Register proposed 

rule (82 FR 55968), providing notice of 

the transfer of Idaho’s UIC program for 

Class II injection wells from Idaho to the 

EPA and concurrently issuing a 

proposed rule to amend EPA’s UIC 

regulations to reflect such transfer. The 

EPA stated that if requested, a public 

hearing would be held. After receiving 

multiple hearing requests, the EPA held 

the public hearing on January 8, 2018, 

in the city of Boise, Idaho, as detailed 

in the proposed rule. At the public 

hearing, and during the 45-day 

comment period, which ended on 

January 11, 2018, the EPA received 414 

comments from 387 individual 

commenters. The EPA has reviewed all 

public testimony and comments on the 

proposed rule and has determined that 

the revisions to 40 CFR part 147 will be 

finalized in this rule as originally 

proposed. 

II. Legal Authorities 

A state with an approved primacy 

program may voluntarily transfer UIC 

program responsibilities to the EPA, 

pursuant to 40 CFR 145.34(a). The 

regulations require that the EPA provide 

notice of such transfer in the Federal 

Register at least 30 days before the 

transfer is to occur. 40 CFR 145.34(a)(3). 

The EPA published a Federal Register 

proposed rule (82 FR 55968) on 

November 27, 2017, containing that 

notice. The regulations do not provide 


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