Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 40681 

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, 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: August 13, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–17697 Filed 8–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0777] 

RIN 1625–AA00 

Safety Zone; Sandusky Bicentennial 

Fireworks, Sandusky Bay, Sandusky, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Sandusky Bay, in the vicinity of 

Sandusky, OH. This zone is intended to 

restrict vessels from portions of the 

Sandusky Bay for the Sandusky 

Bicentennial Fireworks. 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 temporary final rule is 

effective from 8:10 p.m. through 9:35 

p.m. on August 19th, 2018. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2018–0777. 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: 

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 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 because doing 

so would be impracticable. The Coast 

Guard did not receive the final details 

of this fireworks display in time to 

publish an NPRM. As such, it is 

impracticable to publish an NPRM 

because we lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the 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. 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. 

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 Detroit (COTP) has 

determined that potential hazards 

associated with fireworks displays 

starting after 9:10 p.m. on August 19th, 

2018 will be a safety concern for anyone 

within a 420 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. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

will be enforced from 8:10 p.m. through 

9:35 p.m. on August 19, 2018. The 

safety zone will encompass all U.S. 

navigable waters of the Sandusky Bay 

within a 420 foot radius of the fireworks 

launch site located at position 

41°27′53.31′′ N, 082°42′15.85′′ W with 

an alternate heavy wind location at 

position 41°27′55.24′′ N, 082°42′17.86′′ 

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. 

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. 


sradovich on DSK3GMQ082PROD with RULES
40682 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 

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 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 Sandusky, OH for a 

period of 85 minutes. 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 

(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 85 minutes that will 

prohibit entry within a 420 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 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.T09–0777 to read as 

follows: 

§ 165.T09–0777 Safety Zone; Sandusky 

Bicentennial Fireworks, Sandusky Bay, 

Sandusky, OH. 

(a) Location. The following area is a 

temporary safety zone: All U.S. 

navigable waters of the Sandusky Bay 

within a 420 foot radius of the fireworks 

launch site located at position 

41°27′53.31′′ N, 082°42′15.85′′ W with 

an alternate heavy wind location at 

41°27′55.24′′ N, 82°42′17.86′′ W. All 

geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Enforcement period. This 

regulation will be enforced from 8:10 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 40683 

p.m. through 9:35 p.m. on August 19, 

2018. 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 

contact the Captain of the Port Detroit 

or his designated representative to 

obtain permission to do so. The COTP 

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 Detroit or his 

designated representative. 

Dated: August 10, 2018. 

Jeffrey W. Novak, 

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

Port Detroit. 

[FR Doc. 2018–17698 Filed 8–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 552 

[GSAR Change 89; GSAR Case 2016–G506; 

Docket No. 2016–0016; Sequence No.2] 

RIN 3090–AJ75 

General Services Administration 

Acquisition Regulation (GSAR); 

Federal Supply Schedule, Order-Level 

Materials; Technical Amendment 

AGENCY: Office of Acquisition Policy, 

General Services Administration (GSA). 

ACTION: Final rule. 

SUMMARY: GSA is amending the General 

Services Administration Regulation 

(GSAR) to clarify the text regarding the 

application of the threshold for orderlevel materials (OLMs). 

DATES: Effective: August 16, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Leah Price, GSA Acquisition Policy 

Division, Senior Policy Advisor, at 

leah.price@gsa.gov. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat Division at 202–501–4755. 

Please cite GSAR Case 2016–G506. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSAR Case 2016–G506; Federal 

Supply Schedule, Order-Level 

Materials, was published in the Federal 

Register at 83 FR 3275, on January 24, 

2018. Since then, clarification is 

required regarding the application of the 

33.33 percent threshold of order-level 

materials (OLMs) for task or delivery 

orders and orders against Federal 

Supply Schedule (FSS) BPAs awarded 

under FSS contracts at GSAR 552.238– 

82(d)(4). 

II. Discussion of Changes 

GSAR clause 552.238–82(d) Special 

Ordering Procedures for the Acquisition 

of Order-Level Materials prescribes 

procedures for including OLMs when 

placing an order against a Federal 

Supply Schedule (FSS) contract or FSS 

BPA. The procedures at d(4) of the 

clause require that the value of OLMs in 

an order awarded under a FSS contract 

or FSS BPA shall not exceed 33.33 

percent of the total value of the order. 

The text at d(4) of the clause is being 

amended to clarify the applicability of 

the 33.33 percent threshold on OLMs 

placed in a task or delivery order or the 

cumulative value of OLMs in orders 

against an FSS BPA awarded under a 

FSS contract. There are no significant 

content changes resulting from this 

technical amendment. 

III. Public Comments Not Required 

41 U.S.C. 1707, Publication of 

proposed regulations, applies to the 

publication of the General Services 

Administration Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure, or form (including 

amendment or modification thereof) 

must be published for public comment 

if it has either a significant effect 

beyond the internal operating 

procedures of the agency issuing the 

policy, regulation, procedure, or form, 

or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment 

because it contains minor editorial 

updates without changing the meaning 

of content. The changes do not have a 

significant impact on the public. 

IV. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all 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). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

V. Executive Order 13771 

The General Services Administration 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because this editorial change does not 

have a significant impact on the public 

or Government. 

VI. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

GSAR revision and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

VII. Paperwork Reduction Act 

This final rule does not contain any 

information collection that requires 

additional approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

List of Subjects in 48 CFR Part 552 

Government procurement. 

Dated: August 10, 2018. 

Jeffrey A. Koses, 

Senior Procurement Executive, General 

Services Administration. 

Therefore, GSA amends 48 CFR part 

552 as set forth below: 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 552 continues to read as follows: 

Authority: 40 U.S.C. 121(c). 


sradovich on DSK3GMQ082PROD with RULES