82_FR_34998 82 FR 34855 - Safety Zone; Madison Light Up the Park Fireworks Display; Lake Erie, Madison Township, OH

82 FR 34855 - Safety Zone; Madison Light Up the Park Fireworks Display; Lake Erie, Madison Township, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range34855-34857
FR Document2017-15863

The Coast Guard is establishing a temporary safety zone for navigable waters of Lake Erie, Madison Township, OH. This safety zone is intended to restrict vessels from a portion of Lake Erie during the Madison Light Up the Park fireworks display on September 03, 2017. This temporary safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Buffalo.

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Rules and Regulations]
[Pages 34855-34857]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15863]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0549]
RIN 1625-AA00


Safety Zone; Madison Light Up the Park Fireworks Display; Lake 
Erie, Madison Township, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Lake Erie, Madison Township, OH. This safety zone 
is intended to restrict vessels from a portion of Lake Erie during the 
Madison Light Up the Park fireworks display on September 03, 2017. This 
temporary safety zone is necessary to protect personnel, vessels, and 
the marine environment from the potential hazards associated with a 
fireworks display. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Sector Buffalo.

DATES: This rule is effective from 9:15 p.m. through 10:15 p.m. on 
September 3, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0549 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 Ryan Junod, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 the event sponsor did not submit 
notice to the Coast Guard with sufficient time remaining before the 
event to publish an NPRM. Thus, delaying the effective date of this 
rule to wait for a comment period to run would be contrary to the 
public interest by inhibiting the Coast Guard's ability to protect 
spectators and vessels from the hazards associated with a maritime 
fireworks display.

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, NY (COTP) has determined that 
potential hazards associated with vessels in the vicinity of firework 
displays on September 03, 2017 will be a safety concern for vessels and 
spectators within a 210 foot radius of the launch point of the 
fireworks. This rule is needed to protect personnel, vessels, and the 
marine environment in the navigable waters within the safety zone while 
the fireworks display is happening.

IV. Discussion of the Rule

    This rule establishes a safety zone from 9:15 p.m. through 10:15 
p.m. on September 03, 2017. The safety zone will cover all navigable 
waters within 210 feet of the launch point of the fireworks display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. 
Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port 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 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.''
    This rule has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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).
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced for a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, the safety zone has been designed to allow vessels to 
transit around it. Thus, restrictions on vessel movement within that 
particular area are expected to be

[[Page 34856]]

minimal. 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, 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 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 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 
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 one hour that will prohibit entry 
within 210 feet of the launch area for the fireworks display. It is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated in the ADDRESSES section of this preamble.

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

0
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.


0
2. Add Sec.  165.T09-0549 to read as follows:


Sec.  165.T09-0549   Safety Zone; Madison Light Up the Park Fireworks 
Display; Lake Erie, Madison Township, OH.

    (a) Location. This zone will encompass all waters of Lake Erie, 
Madison Township, OH within a 210 ft radius of position 41[deg]50'17'' 
N. and 081[deg]02'51'' W. (NAD 83).
    (b) Effective and enforcement period. This regulation is effective 
and will be enforced on September 03, 2017 from 9:15 p.m. until 10:15 
p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  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 shall 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

[[Page 34857]]

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 21, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-15863 Filed 7-26-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations                                         34855

                                                Local and Broadcast Notices to Mariners                  telephone 216–937–0124, email                         prohibited unless authorized by the
                                                of the change in operating schedule for                  ryan.s.junod@uscg.mil.                                Captain of the Port Buffalo or his
                                                the bridge so that vessels can arrange                   SUPPLEMENTARY INFORMATION:                            designated on-scene representative. The
                                                their transits to minimize any impact                                                                          Captain of the Port or his designated on-
                                                caused by the temporary deviation.                       I. Table of Abbreviations                             scene representative may be contacted
                                                   In accordance with 33 CFR 117.35(e),                  CFR Code of Federal Regulations                       via VHF Channel 16.
                                                the drawbridge must return to its regular                DHS Department of Homeland Security
                                                                                                         FR Federal Register                                   V. Regulatory Analyses
                                                operating schedule immediately at the
                                                end of the designated time period. This                  NPRM Notice of proposed rulemaking                      We developed this rule after
                                                                                                         § Section                                             considering numerous statutes and
                                                deviation from the operating regulations                 U.S.C. United States Code
                                                is authorized under 33 CFR 117.35.                                                                             Executive Orders related to rulemaking.
                                                                                                                                                               Below we summarize our analyses
                                                  Dated: July 20, 2017.                                  II. Background Information and
                                                                                                                                                               based on a number of these statutes and
                                                Steven Michael Fischer,                                  Regulatory History
                                                                                                                                                               Executive Orders, and we discuss First
                                                Bridge Administrator, Thirteenth Coast Guard                The Coast Guard is issuing this                    Amendment rights of protestors.
                                                District.                                                temporary rule without prior notice and
                                                [FR Doc. 2017–15795 Filed 7–26–17; 8:45 am]              opportunity to comment pursuant to                    A. Regulatory Planning and Review
                                                BILLING CODE 9110–04–P                                   authority under section 4(a) of the                      Executive Orders 12866 and 13563
                                                                                                         Administrative Procedure Act (APA) (5                 direct agencies to assess the costs and
                                                                                                         U.S.C. 553(b)). This provision                        benefits of available regulatory
                                                DEPARTMENT OF HOMELAND                                   authorizes an agency to issue a rule                  alternatives and, if regulation is
                                                SECURITY                                                 without prior notice and opportunity to               necessary, to select regulatory
                                                                                                         comment when the agency for good                      approaches that maximize net benefits.
                                                Coast Guard                                              cause finds that those procedures are                 Executive Order 13563 emphasizes the
                                                                                                         ‘‘impracticable, unnecessary, or contrary             importance of quantifying both costs
                                                33 CFR Part 165                                          to the public interest.’’ Under 5 U.S.C.              and benefits, of reducing costs, of
                                                [Docket Number USCG–2017–0549]                           553(b)(B), the Coast Guard finds that                 harmonizing rules, and of promoting
                                                                                                         good cause exists for not publishing a                flexibility.
                                                RIN 1625–AA00                                            notice of proposed rulemaking (NPRM)                     Executive Order 13771 (‘‘Reducing
                                                                                                         with respect to this rule because the                 Regulation and Controlling Regulatory
                                                Safety Zone; Madison Light Up the                                                                              Costs’’), directs agencies to reduce
                                                                                                         event sponsor did not submit notice to
                                                Park Fireworks Display; Lake Erie,                                                                             regulation and control regulatory costs
                                                                                                         the Coast Guard with sufficient time
                                                Madison Township, OH                                                                                           and provides that ‘‘for every one new
                                                                                                         remaining before the event to publish an
                                                AGENCY:    Coast Guard, DHS.                             NPRM. Thus, delaying the effective date               regulation issued, at least two prior
                                                ACTION:   Temporary final rule.                          of this rule to wait for a comment period             regulations be identified for elimination,
                                                                                                         to run would be contrary to the public                and that the cost of planned regulations
                                                SUMMARY:   The Coast Guard is                            interest by inhibiting the Coast Guard’s              be prudently managed and controlled
                                                establishing a temporary safety zone for                 ability to protect spectators and vessels             through a budgeting process.’’
                                                navigable waters of Lake Erie, Madison                   from the hazards associated with a                       This rule has not been designated a
                                                Township, OH. This safety zone is                        maritime fireworks display.                           ‘‘significant regulatory action,’’ under
                                                intended to restrict vessels from a                                                                            Executive Order 12866. Accordingly, it
                                                                                                         III. Legal Authority and Need for Rule                has not been reviewed by the Office of
                                                portion of Lake Erie during the Madison
                                                Light Up the Park fireworks display on                      The Coast Guard is issuing this rule               Management and Budget.
                                                September 03, 2017. This temporary                       under authority in 33 U.S.C. 1231. The                   As this rule is not a significant
                                                safety zone is necessary to protect                      Captain of the Port Buffalo, NY (COTP)                regulatory action, this rule is exempt
                                                personnel, vessels, and the marine                       has determined that potential hazards                 from the requirements of Executive
                                                environment from the potential hazards                   associated with vessels in the vicinity of            Order 13771. See OMB’s Memorandum
                                                associated with a fireworks display.                     firework displays on September 03,                    titled ‘‘Interim Guidance Implementing
                                                Entry of vessels or persons into this                    2017 will be a safety concern for vessels             Section 2 of the Executive Order of
                                                zone is prohibited unless specifically                   and spectators within a 210 foot radius               January 30, 2017 titled ‘Reducing
                                                authorized by the Captain of the Port                    of the launch point of the fireworks.                 Regulation and Controlling Regulatory
                                                Sector Buffalo.                                          This rule is needed to protect personnel,             Costs’ ’’ (February 2, 2017).
                                                                                                         vessels, and the marine environment in                   We conclude that this rule is not a
                                                DATES: This rule is effective from 9:15
                                                                                                         the navigable waters within the safety                significant regulatory action because we
                                                p.m. through 10:15 p.m. on September                                                                           anticipate that it will have minimal
                                                3, 2017.                                                 zone while the fireworks display is
                                                                                                         happening.                                            impact on the economy, will not
                                                ADDRESSES: To view documents                                                                                   interfere with other agencies, will not
                                                mentioned in this preamble as being                      IV. Discussion of the Rule                            adversely alter the budget of any grant
                                                available in the docket, go to http://                      This rule establishes a safety zone                or loan recipients, and will not raise any
                                                www.regulations.gov, type USCG–2017–                     from 9:15 p.m. through 10:15 p.m. on                  novel legal or policy issues. The safety
                                                0549 in the ‘‘SEARCH’’ box and click                     September 03, 2017. The safety zone                   zone created by this rule will be
                                                ‘‘SEARCH.’’ Click on Open Docket                         will cover all navigable waters within                relatively small and enforced for a
mstockstill on DSK30JT082PROD with RULES




                                                Folder on the line associated with this                  210 feet of the launch point of the                   relatively short time. Also, the safety
                                                rule.                                                    fireworks display. No vessel or person                zone is designed to minimize its impact
                                                FOR FURTHER INFORMATION CONTACT: If                      will be permitted to enter the safety                 on navigable waters. Furthermore, the
                                                you have questions on this rule, call or                 zone without obtaining permission from                safety zone has been designed to allow
                                                email LT Ryan Junod, Chief of                            the COTP or a designated                              vessels to transit around it. Thus,
                                                Waterways Management, U.S. Coast                         representative. Entry into, transiting, or            restrictions on vessel movement within
                                                Guard Marine Safety Unit Cleveland;                      anchoring within the safety zone is                   that particular area are expected to be


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                                                34856              Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations

                                                minimal. Under certain conditions,                       Federalism, if it has a substantial direct            G. Protest Activities
                                                moreover, vessels may still transit                      effect on the States, on the relationship               The Coast Guard respects the First
                                                through the safety zone when permitted                   between the national government and                   Amendment rights of protesters.
                                                by the Captain of the Port.                              the States, or on the distribution of                 Protesters are asked to contact the
                                                                                                         power and responsibilities among the                  person listed in the FOR FURTHER
                                                B. Impact on Small Entities
                                                                                                         various levels of government. We have                 INFORMATION CONTACT section to
                                                   The Regulatory Flexibility Act of                     analyzed this rule under that Order and               coordinate protest activities so that your
                                                1980, 5 U.S.C. 601–612, as amended,                      have determined that it is consistent                 message can be received without
                                                requires Federal agencies to consider                    with the fundamental federalism                       jeopardizing the safety or security of
                                                the potential impact of regulations on                   principles and preemption requirements                people, places or vessels.
                                                small entities during rulemaking. The                    described in Executive Order 13132.
                                                term ‘‘small entities’’ comprises small                     Also, this rule does not have tribal               List of Subjects in 33 CFR Part 165
                                                businesses, not-for-profit organizations                 implications under Executive Order                      Harbors, Marine safety, Navigation
                                                that are independently owned and                         13175, Consultation and Coordination                  (water), Reporting and record keeping
                                                operated and are not dominant in their                   with Indian Tribal Governments,                       requirements, Security measures,
                                                fields, and governmental jurisdictions                   because it does not have a substantial                Waterways.
                                                with populations of less than 50,000.                    direct effect on one or more Indian                     For the reasons discussed in the
                                                The Coast Guard certifies under 5 U.S.C.                 tribes, on the relationship between the               preamble, the Coast Guard amends 33
                                                605(b) that this rule will not have a                    Federal Government and Indian tribes,                 CFR part 165 as follows:
                                                significant economic impact on a                         or on the distribution of power and
                                                substantial number of small entities.                    responsibilities between the Federal                  PART 165—REGULATED NAVIGATION
                                                   While some owners or operators of                     Government and Indian tribes. If you                  AREAS AND LIMITED ACCESS AREAS
                                                vessels intending to transit the safety                  believe this rule has implications for
                                                zone may be small entities, for the                      federalism or Indian tribes, please                   ■ 1. The authority citation for part 165
                                                reasons stated in section V.A above, this                contact the person listed in the FOR                  continues to read as follows:
                                                rule will not have a significant                         FURTHER INFORMATION CONTACT section                     Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                economic impact on any vessel owner                      above.                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                or operator.                                                                                                   Department of Homeland Security Delegation
                                                   Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act                       No. 0170.1.
                                                Business Regulatory Enforcement                                                                                  2. Add § 165.T09–0549 to read as
                                                                                                           The Unfunded Mandates Reform Act                    ■
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                        follows:
                                                                                                         of 1995 (2 U.S.C. 1531–1538) requires
                                                we want to assist small entities in
                                                                                                         Federal agencies to assess the effects of
                                                understanding this rule. If the rule                                                                           § 165.T09–0549 Safety Zone; Madison
                                                                                                         their discretionary regulatory actions. In
                                                would affect your small business,                                                                              Light Up the Park Fireworks Display; Lake
                                                                                                         particular, the Act addresses actions                 Erie, Madison Township, OH.
                                                organization, or governmental
                                                                                                         that may result in the expenditure by a                 (a) Location. This zone will
                                                jurisdiction and you have questions
                                                                                                         State, local, or tribal government, in the            encompass all waters of Lake Erie,
                                                concerning its provisions or options for
                                                                                                         aggregate, or by the private sector of                Madison Township, OH within a 210 ft
                                                compliance, please contact the person
                                                                                                         $100,000,000 (adjusted for inflation) or              radius of position 41°50′17″ N. and
                                                listed in the FOR FURTHER INFORMATION
                                                                                                         more in any one year. Though this rule                081°02′51″ W. (NAD 83).
                                                CONTACT section.
                                                   Small businesses may send comments                    will not result in such an expenditure,                 (b) Effective and enforcement period.
                                                on the actions of Federal employees                      we do discuss the effects of this rule                This regulation is effective and will be
                                                who enforce, or otherwise determine                      elsewhere in this preamble.                           enforced on September 03, 2017 from
                                                compliance with, Federal regulations to                  F. Environment                                        9:15 p.m. until 10:15 p.m.
                                                the Small Business and Agriculture                                                                               (c) Regulations. (1) In accordance with
                                                Regulatory Enforcement Ombudsman                           We have analyzed this rule under                    the general regulations in § 165.23 of
                                                and the Regional Small Business                          Department of Homeland Security                       this part, entry into, transiting, or
                                                Regulatory Fairness Boards. The                          Management Directive 023–01 and                       anchoring within this safety zone is
                                                Ombudsman evaluates these actions                        Commandant Instruction M16475.lD,                     prohibited unless authorized by the
                                                annually and rates each agency’s                         which guide the Coast Guard in                        Captain of the Port Buffalo or his
                                                responsiveness to small business. If you                 complying with the National                           designated on-scene representative.
                                                wish to comment on actions by                            Environmental Policy Act of 1969 (42                    (2) This safety zone is closed to all
                                                employees of the Coast Guard, call 1–                    U.S.C. 4321–4370f), and have                          vessel traffic, except as may be
                                                888–REG–FAIR (1–888–734–3247). The                       determined that this action is one of a               permitted by the Captain of the Port
                                                Coast Guard will not retaliate against                   category of actions that do not                       Buffalo or his designated on-scene
                                                small entities that question or complain                 individually or cumulatively have a                   representative.
                                                about this rule or any policy or action                  significant effect on the human                         (3) The ‘‘on-scene representative’’ of
                                                of the Coast Guard.                                      environment. This rule involves a safety              the Captain of the Port Buffalo is any
                                                                                                         zone lasting one hour that will prohibit              Coast Guard commissioned, warrant or
                                                C. Collection of Information                             entry within 210 feet of the launch area              petty officer who has been designated
                                                  This rule will not call for a new                      for the fireworks display. It is                      by the Captain of the Port Buffalo to act
                                                collection of information under the                      categorically excluded from further                   on his behalf.
mstockstill on DSK30JT082PROD with RULES




                                                Paperwork Reduction Act of 1995 (44                      review under paragraph 34(g) of Figure                  (4) Vessel operators desiring to enter
                                                U.S.C. 3501–3520).                                       2–1 of the Commandant Instruction. A                  or operate within the safety zone shall
                                                                                                         Record of Environmental Consideration                 contact the Captain of the Port Buffalo
                                                D. Federalism and Indian Tribal                          (REC) supporting this determination is                or his on-scene representative to obtain
                                                Governments                                              available in the docket where indicated               permission to do so. The Captain of the
                                                  A rule has implications for federalism                 in the ADDRESSES section of this                      Port Buffalo or his on-scene
                                                under Executive Order 13132,                             preamble.                                             representative may be contacted via


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                                                                   Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Rules and Regulations                                         34857

                                                VHF Channel 16. Vessel operators given                   enforced for a certain period of time                 necessary to ensure the safety of the
                                                permission to enter or operate in the                    because the parade of ships starts late or            public from inherent dangers associated
                                                safety zone must comply with all                         ends early. If the COTP issues a general              with these annual aerial displays.
                                                directions given to them by the Captain                  permission to enter, the public would be              During the enforcement period, no
                                                of the Port Buffalo, or his on-scene                     notified via a Broadcast Notice to                    person or vessel may enter or transit this
                                                representative.                                          Mariners.                                             safety zone unless authorized by the
                                                  Dated: July 21, 2017.
                                                                                                            In accordance with the general                     Captain of the Port or his designated
                                                                                                         regulations in 33 CFR part 165, subpart               representative.
                                                Joseph S. Dufresne,
                                                                                                         C, no vessel operator may enter, transit,
                                                Captain, U.S. Coast Guard, Captain of the                moor, or anchor within this safety zone,              DATES:  The regulations in 33 CFR
                                                Port Buffalo.                                                                                                  165.1319 will be enforced daily, from 8
                                                                                                         except for vessels authorized by the
                                                [FR Doc. 2017–15863 Filed 7–26–17; 8:45 am]
                                                                                                         Captain of the Port, Puget Sound or his               a.m. until 4 p.m., from August 3, 2017,
                                                BILLING CODE 9110–04–P                                   designated representative, 30 minutes                 through August 6, 2017.
                                                                                                         prior to the beginning, during, and 30                FOR FURTHER INFORMATION CONTACT: If
                                                                                                         minutes following the conclusion of the               you have questions on this notice of
                                                DEPARTMENT OF HOMELAND                                   Parade of Ships. The Captain of the Port              enforcement, call or email Petty Officer
                                                SECURITY                                                 may be assisted by other federal, state,              Zachary Spence, Sector Puget Sound
                                                Coast Guard                                              or local agencies as needed.                          Waterways Management Division, Coast
                                                                                                            In order to transit through this safety            Guard; telephone (206) 217–6051, email
                                                33 CFR Part 165                                          zone, you must be granted authorization               SectorPugetSoundWWM@uscg.mil.
                                                                                                         by the Captain of the Port, Puget Sound               SUPPLEMENTARY INFORMATION: The Coast
                                                [Docket No. USCG–2017–0708]                              or his designated representative. To seek             Guard will enforce the Seafair Air Show
                                                                                                         authorization to enter the zone, contact              Performance safety zone in 33 CFR
                                                Safety Zone; Fleet Week Maritime                         either the on-scene patrol craft on VHF
                                                Festival, 2017, Pier 66, Elliot Bay;                                                                           165.1319 daily, from 8 a.m. until 4 p.m.,
                                                                                                         Ch 13 or Ch 16, or Coast Guard Sector                 from August 3, 2016, through August 6,
                                                Seattle, Washington                                      Puget Sound Joint Harbor Operations                   2017 unless canceled sooner by the
                                                AGENCY:  Coast Guard, DHS.                               Center (JHOC) via telephone at (206)                  Captain of the Port.
                                                ACTION: Notice of enforcement of                         217–6002. Vessel operators granted                       Under the provisions of 33 CFR
                                                regulation.                                              permission to enter this safety zone will             165.1319, the following area is
                                                                                                         be escorted by the on-scene patrol until              designated as a safety zone: All waters
                                                SUMMARY:   The Coast Guard will enforce                  no longer within the safety zone.                     of Lake Washington, Washington State,
                                                the Fleet Week Maritime Festival’s Pier                     This document is issued under                      south of the Interstate 90 bridge, west of
                                                66 Safety Zone in Elliott Bay, WA 30                     authority of 33 CFR 165.1330 and 5                    Mercer Island, and north of Seward
                                                minutes prior to the beginning, during,                  U.S.C. 552(a). In addition to this notice             Park. The specific boundaries of the
                                                and 30 minutes following the                             of enforcement in the Federal Register,               safety zone are listed in 33 CFR
                                                conclusion of the parade of ships. This                  the Coast Guard will provide the                      165.1319(b).
                                                action is necessary to promote safety on                 maritime community with advanced
                                                                                                                                                                  In accordance with the general
                                                navigable waters. During the                             notification of the safety zone via the
                                                                                                                                                               regulations in 33 CFR part 165, subpart
                                                enforcement period, entry into, transit                  Local Notice to Mariners and marine
                                                                                                                                                               C, no person or vessel may enter or
                                                through, mooring, or anchoring within                    information broadcasts.
                                                                                                                                                               remain in the zone except for support
                                                this zone is prohibited unless                              Dated: July 17, 2017.                              vessels and support personnel, vessels
                                                authorized by the Captain of the Port,                   M.M. Balding,                                         registered with the event organizer, or
                                                Puget Sound or his designated                            Captain, U.S. Coast Guard, Acting, Captain            other vessels authorized by the Captain
                                                representative                                           of the Port Puget Sound.                              of the Port or Designated
                                                DATES: The regulations in 33 CFR                         [FR Doc. 2017–15881 Filed 7–26–17; 8:45 am]           Representatives. Vessels and persons
                                                165.1330 will be subject to enforcement                  BILLING CODE 9110–04–P                                granted authorization to enter the safety
                                                from 8 a.m. until 8 p.m. on August 2,                                                                          zone must obey all lawful orders or
                                                2017.                                                                                                          directions made by the Captain of the
                                                FOR FURTHER INFORMATION CONTACT: If                      DEPARTMENT OF HOMELAND                                Port or his designated representative.
                                                you have questions about this notice of                  SECURITY                                                 The Captain of the Port may be
                                                enforcement, call or email Petty Officer                                                                       assisted by other federal, state and local
                                                Zachary Spence, Sector Puget Sound                       Coast Guard                                           law enforcement agencies in enforcing
                                                Waterways Management Division, Coast                                                                           this regulation.
                                                Guard; telephone (206) 217–6051, email                   33 CFR Part 165
                                                                                                                                                                  This document is issued under
                                                SectorPugetSoundWWM@uscg.mil.                            [Docket No. USCG–2017–0707]                           authority of 33 CFR 165.1319 and 5
                                                SUPPLEMENTARY INFORMATION: The safety                                                                          U.S.C. 552(a). In addition to this notice
                                                zone for the Fleet Week Maritime                         Safety Zone, Seafair Air Show                         of enforcement in the Federal Register,
                                                Festival in 33 CFR 165.1330 will be                      Performance, 2017, Seattle, WA                        the Coast Guard will provide the
                                                subject to enforcement from 8 a.m. until                 AGENCY:  Coast Guard, DHS.                            maritime community with advanced
                                                8 p.m. on August 2, 2017; however,                       ACTION: Notice of enforcement of                      notification of the safety zone via the
                                                within this time frame it will only be                   regulation.                                           Local Notice to Mariners and marine
mstockstill on DSK30JT082PROD with RULES




                                                enforced 30 minutes prior to the                                                                               information broadcasts on the day of the
                                                beginning, during, and 30 minutes                        SUMMARY:   The Coast Guard will enforce               event. If the COTP determines that the
                                                following the conclusion of the parade                   the annual Seafair Air Show                           safety zone need not be enforced for the
                                                of ships. The COTP may issue a general                   Performance safety zone on Lake                       full duration stated in this notice of
                                                permission to enter the zone during                      Washington, Seattle, WA daily, from 8                 enforcement, he may use a Broadcast
                                                some of this time period if he                           a.m. until 4 p.m., from August 3, 2017,               Notice to Mariners to grant general
                                                determines the zone need not be                          through August 6, 2017. This action is                permission to enter the regulated area.


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Document Created: 2017-07-27 02:07:13
Document Modified: 2017-07-27 02:07:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9:15 p.m. through 10:15 p.m. on September 3, 2017.
ContactIf you have questions on this rule, call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email [email protected]
FR Citation82 FR 34855 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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