83 FR 17336 - Safety Zones; Annual Events in the Captain of the Port Buffalo Zone.
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 76 (April 19, 2018)
Coast Guard
Federal Register Volume 83, Issue 76 (April 19, 2018)
| Page Range | 17336-17341 | |
| FR Document | 2018-08206 |
[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)] [Proposed Rules] [Pages 17336-17341] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08206] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-1112] RIN 1625-AA00 Safety Zones; Annual Events in the Captain of the Port Buffalo Zone. AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to amend its safety zones regulation for Annual Events in the Captain of the Port Buffalo Zone. This proposed amendment updates 12 permanent safety zones and adds 12 new permanent safety zones. These amendments and additions are necessary to protect spectators, participants, and vessels from the hazards associated with annual maritime events, including fireworks displays, boat races, and air shows. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before May 21, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2017-1112 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, 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, Purpose, and Legal Basis On June 18, 2008, the Coast Guard published a final rule entitled Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone in the Federal Register (73 FR 28705). This final rule was published after the Coast Guard requested public comments in response to a preceding NPRM in the Federal Register (73 FR 18225, April 3, 2008). No public meeting was requested, and none was held. The legal basis for this proposed rule is the Coast Guard's authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; Department of Homeland Security Delegation No. 0170.1. The purpose of this rulemaking is to update the safety zones in Sec. 165.939 to ensure accuracy of times, dates, and dimensions for various triggering and marine events that are expected to be conducted within the Captain of the Port Buffalo Zone throughout the year. The purpose of the rulemaking is also to ensure vessels and persons are protected from the specific hazards related to the aforementioned events. These specific hazards include obstructions in the waterway that may cause marine casualties; collisions among vessels maneuvering at a high speed within a channel; the explosive dangers involved in pyrotechnics and hazardous cargo; and flaming/falling debris into the water that may cause injuries. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule This proposed rule amends 12 permanent safety zones found within table 165.939 of 33 CFR 165.939. These 12 amendments involve updating the location, size, and/or enforcement times. Additionally, this proposed rule adds 12 new safety zones to table 165.939 within Sec. 165.939 for annually-reoccurring events in the Captain of the Port Buffalo Zone. These 12 zones were approved and published in the Federal Register as temporary safety zones in 2017 and were added in order to protect the public from the safety hazards previously described. A list of specific changes and additions are available in the attachments within this Docket. The Captain of the Port Buffalo has determined that the safety zones in this proposed rule are necessary to ensure the safety of vessels and people during annual marine or triggering events in the Captain of the Port Buffalo zone. Although this proposed rule will be effective year-round, the safety zones in this proposed rule will be enforced only immediately before, during, and after events that pose a hazard to the public and only upon notice by the Captain of the Port Buffalo. The Captain of the Port Buffalo will notify the public that the zones in this proposal are or will be enforced by all appropriate means to the affected segments of the public, including publication in the Federal Register, as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to, Broadcast Notice to Mariners or Local Notice to Mariners. All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port Buffalo or his or her designated representative. Entry into, transiting, or anchoring within the safety zones is prohibited unless authorized by the Captain of the Port or [[Page 17337]] his or her designated representative. The Captain of the Port or his or her designated representative may be contacted via VHF Channel 16. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this NPRM has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zones. The safety zones created by this rule will be relatively small and effective during the time to ensure safety of spectator and participants for the listed triggering or marine events. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves the establishment yearly triggering and marine events on and around Lake Erie, Lake Ontario, and the Saint Lawrence Seaway. Normally such actions are categorically excluded from further review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person [[Page 17338]] in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. Revise Sec. 165. 939 to read as follows: Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port Buffalo Zone. (a) 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) These safety zones are 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. (5) The enforcement dates and times for each of the safety zones listed in Table 165.939 are subject to change, but the duration of enforcement would remain the same or nearly the same total number of hours as stated in the table. In the event of a change, the Captain of the Port Buffalo will provide notice to the public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariners. (b) Definitions. The following definitions apply to this section: (1) Designated representative means any Coast Guard commissioned, warrant, or petty officers designated by the Captain of the Port Buffalo to monitor a safety zone, permit entry into a safety zone, give legally enforceable orders to persons or vessels within a safety zone, and take other actions authorized by the Captain of the Port Buffalo. (2) Public vessel means a vessel that is owned, chartered, or operated by the United States, or by a State or political subdivision thereof. (3) Rain date refers to an alternate date and/or time in which the safety zone would be enforced in the event of inclement weather. (c) Suspension of enforcement. The Captain of the Port Buffalo may suspend enforcement of any of these zones earlier than listed in this section. Should the Captain of the Port suspend any of these zones earlier than the listed duration in this section, he or she may make the public aware of this suspension by Broadcast Notice to Mariners and/or on-scene notice by his or her designated representative. (d) Exemption. Public vessels, as defined in paragraph (b) of this section, are exempt from the requirements in this section. (e) Waiver. For any vessel, the Captain of the Port Buffalo or his or her designated representative may waive any of the requirements of this section upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical for the purposes of safety or security. Table 165.939 ---------------------------------------------------------------------------------------------------------------- Event Location \1\ Enforcement date and time \2\ ---------------------------------------------------------------------------------------------------------------- (a) June Safety Zones ---------------------------------------------------------------------------------------------------------------- (1) Festival of the Fish........ Vermillion, OH. All The 3rd Saturday in June. U.S. waters within a 420 foot radius of the fireworks launch site located at position 41[deg]25'45'' N, 082[deg]21'54'' W (NAD 83). (2) City of Syracuse Fireworks Syracuse, NY. All U.S. The last weekend of June. Celebration. waters of Onondaga Lake within a 350 foot radius of land position 43[deg]03'37.0'' N, 076[deg]09'59.0'' W in Syracuse, NY. (3) Rochester Harbor and Rochester, NY. All U.S. The 4th Monday of June. Carousel Festival. waters of Lake Ontario within a 1,120 foot radius of land position 43[deg]15'40.2'' N, 077[deg]36'05.1'' W in Rochester, NY. (4) Seneca River Days........... Baldwinsville, NY. All The 2nd weekend of June. U.S. waters of the Seneca River within an 840 foot radius of land position 43[deg]09'25.0'' N, 076[deg]20'21.0'' W in Baldwinsville, NY. (5) Flagship Niagara Mariner's Erie, PA. All waters of The 1st weekend in June. Ball Fireworks. Presque Isle Bay, Erie, PA within a 350- foot radius from the launch site located at position 42[deg]08'22.5'' N, 080[deg]05'15.6'' W. [[Page 17339]] (6) Hope Chest Buffalo Niagara Buffalo, NY. All waters The 3rd weekend in June. Dragon Boat Festival. of the Buffalo River, Buffalo, NY starting at position 42[deg]52'12.0'' N, 078[deg]52'17.0'' W then Southeast to 42[deg]52'03.0'' N, 078[deg]52'12.0'' W then East to 42[deg]52'03.0'' N, 078[deg]52'10.0'' W then Northwest to 42[deg]52'13.0'' N, 078[deg]52'16.0'' W and then returning to the point of origin. ---------------------------------------------------------------------------------------------------------------- (b) July Safety Zones ---------------------------------------------------------------------------------------------------------------- (1) Cleveland Triathlon......... Cleveland, OH. All U.S. The 4th or 5th Sunday in July. waters of Lake Erie at North Coast Harbor, Cleveland, OH within 100 feet of a line starting at position 41[deg]30'34.6'' N, 081[deg]41'51.3'' W extending in a straight line to the East Basin Breakwall at position 41[deg]30'51.8'' N, 081[deg]42'08.5'' W. (2) Roverfest Fireworks Display. Cleveland, OH. All U.S. The 2nd or 3rd weekend in July. waters of Lake Erie, Cleveland, OH within a 280 foot radius from position 41[deg]30'34.23'' N, 081[deg]08'55.73'' W. (3) Superboat Grand Prix........ Fairport, OH. All U.S. The 3rd weekend in July. waters of Lake Erie, off of Headlands Beach State Park, Fairport, OH inside an area starting on shore at position 41[deg]44'33'' N, 081[deg]19'14'' W, extending NW in a straight line to position 41[deg]45'00'' N, 081[deg]19'35'' W, then NE in a straight line to position 41[deg]45'59'' N, 081[deg]17'30'' W, and SE back to the shore at position 41[deg]45'43'' N, 081[deg]17'08'' W. (4) Downtown Cleveland Alliance Cleveland, OH. All U.S. On or around the 4th of July. July 4th Fireworks. waters of Lake Erie and Cleveland Harbor within a 1,000 foot radius of land position 41[deg]30'10'' N, 081[deg]42'36'' W (NAD 83) at Dock 20. (5) Mentor Harbor Yacht Club Mentor, OH. All U.S. On or around the 4th of July. Fireworks. waters of Lake Erie and Mentor Harbor within a 700 foot radius of land position 41[deg]43'36'' N, 081[deg]21'09'' W. (6) Parade of Lights............ Cleveland, OH. All U.S. The 3rd or 4th weekend in July. waters within 25 feet of the vessels participating in the Cleveland Parade of Lights in the Cuyahoga River. The safety zone will move with participating vessels as they transit from the mouth of the Cuyahoga River in the vicinity of position 41[deg]29'59'' N, 081[deg]43'31'' W, to Merwin's Wharf in the vicinity of 41[deg]29'23'' N, 081[deg]42'16'' W, and returning to the mouth of the Old River at 41[deg]29'55'' N, 081[deg]42'18'' W. (7) Lorain Independence Day Lorain, OH. All U.S On or around the 4th of July. Celebration. waters within a 700 foot radius of the fireworks launch site located at position 41[deg]28'35.42'' N, 082[deg]10'51.28'' W. (8) Conneaut Festival........... Conneaut, OH. All U.S. On or around the 4th of July. waters within a 570 foot radius of the fireworks launch site located at position 41[deg]58'00.43'' N, 080[deg]33'34.93'' W. (9) Fairport Harbor Mardi Gras.. Fairport, OH. All U.S. On or around the 4th of July. waters within a 275 foot radius of the fireworks launch site located at position 41[deg]45'29.55'' N, 081[deg]16'19.97'' W. (10) Sheffield Lake Community Sheffield Lake, OH. All The 2nd weekend in July. Days. U.S. waters of Lake Erie and Sheffield Lake Boat ramp within a 350 foot radius of land position 41[deg]29'27.65'' N, 082[deg]6'47.71'' W. (11) Bay Village Independence Bay Village, OH. All On or around the 4th of July. Day Celebration. U.S. waters within a 560 foot radius of the fireworks launch site located at position 41[deg]29'23.9'' N, 081[deg]55'44.5'' W. (12) Lake Erie Open Water Swim.. Cleveland, OH. All U.S. The 2nd or 3rd weekend in July. waters of Lake Erie, south of a line drawn between positions 41[deg]29'30'' N, 081[deg]44'21'' W and 41[deg]29'21'' N, 081[deg]45'04'' W to the shore. (13) Boldt Castle 4th of July Heart Island, NY. All On or around the 4th of July. Fireworks. U.S. waters of the Saint Lawrence River within a 1,120 foot radius of land position 44[deg]20'38.5'' N, 075[deg]55'19.1'' W at Heart Island, NY. (14) Clayton Chamber of Commerce Calumet Island, NY. All On or around the 4th of July. Fireworks. U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 44[deg]15'04.0'' N, 076[deg]05'40'' W at Calumet Island, NY. (15) French Festival Fireworks.. Cape Vincent, NY. All The 2nd weekend of July. U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 44[deg]07'54.6.0'' N, 076[deg]20'01.3'' W in Cape Vincent, NY. (16) Lyme Community Days........ Chaumont, NY. All U.S. The 4th weekend of July. waters of Chaumont Bay within a 560 foot radius of land position 44[deg]04'06.3'' N, 076[deg]08'56.8'' W in Chaumont, NY. (17) Village Fireworks.......... Sackets Harbor, NY. All On or around the 4th of July. U.S. waters of Black River Bay within an 840 foot radius of land position 43[deg]56'51.9'' N, 076[deg]07'46.9'' W in Sackets Harbor, NY. (18) Can-Am Festival............ Sackets Harbor, NY. All The 3rd weekend of July. U.S. waters of Black River Bay within a 1,120 foot radius of land position 43[deg]57'15.9'' N, 076[deg]06'39.2'' W in Sackets Harbor, NY. [[Page 17340]] (19) Brewerton Fireworks........ Brewerton, NY. All U.S. On or around the 4th of July. waters of Lake Oneida within an 840 foot radius of the barge at position 43[deg]14'16.4'' N, 076[deg]08'03.6'' W in Brewerton, NY. (20) Celebrate Baldwinsville Baldwinsville, NY. All The 1st weekend of July. Fireworks. U.S. waters of the Seneca River within a 700 foot radius of land position 43[deg]09'24.9'' N, 076[deg]20'18.9'' W in Baldwinsville, NY. (21) Island Festival Fireworks.. Baldwinsville, NY. All The 1st weekend of July. U.S. waters of the Seneca River within a 1,120 foot radius of land position 43[deg]09'22.0'' N, 076[deg]20'15.0'' W in Baldwinsville, NY. (22) Village Fireworks.......... Sodus Point, NY. All On or around the 4th of July. U.S. waters of Sodus Bay within a 1,120 foot radius of land position 43[deg]16'28.7'' N, 076[deg]58'27.5'' W in Sodus Point, NY. (23) A Salute to our Heroes..... Hamlin Beach State The 1st weekend in July. Park, NY. All U.S. waters of Lake Ontario within a 560 foot radius of land position 43[deg]21'51.9'' N, 077[deg]56'59.6'' W in Hamlin, NY. (24) Olcott Fireworks........... Olcott, NY. All U.S. On or around the 4th of July. waters of Lake Ontario within a 1,120 foot radius of land position 43[deg]20'23.6'' N, 078[deg]43'09.5'' W in Olcott, NY. (25) North Tonawanda Fireworks.. North Tonawanda, NY. On or around the 4th of July. All U.S. waters of the East Niagara River within a 1,400 foot radius of land position 43[deg]01'39.6'' N, 078[deg]53'07.5'' W in North Tonawanda, NY. (26) Tonawanda's Canal Fest Tonawanda, NY. All U.S. The 4th Sunday of July. Fireworks. waters of the East Niagara River within a 210 foot radius of land position 43[deg]01'17.8'' N, 078[deg]52'40.9'' W in Tonawanda, NY. (27) Tom Graves Memorial Port Bay, NY. All On or around the 3rd of July. Fireworks. waters of Port Bay, NY, within a 840 foot radius of the barge located in position 43[deg]17'52.4'' N, 076[deg]49'55.7'' W in Port Bay, NY. (28) Oswego Harborfest, Oswego, Oswego, NY. All waters The last week of July. NY. of Oswego Harbor, Oswego, NY contained within a 700 foot radius of position 43[deg]28'06.9'' N, 076[deg]31'08.1'' W along with a 350 foot radius of the breakwall between positions 43[deg]27'53.0'' N, 076[deg]31'25.3'' W then Northeast to 43[deg]27'58.6'' N, 076[deg]31'12.1'' W. (29) Oswego Independence Day Oswego, NY. All waters On or around the 4th of July. Celebration Fireworks. of Lake Ontario, Oswego, NY within a 490-foot radius from the launch site located at position 43[deg]27'55.8'' N, 076[deg]30'59.0'' W. ---------------------------------------------------------------------------------------------------------------- (c) August Safety Zones ---------------------------------------------------------------------------------------------------------------- (1) Whiskey Island Paddlefest... Cleveland, OH. All U.S. The 3rd or 4th weekend in August. waters of Lake Erie; Cleveland Harbor, from 41[deg]29'59.5'' N, 081[deg]42'59.3'' W to 41[deg]30'4.4'' N, 081[deg]42'44.5'' W to 41[deg]30'17.3'' N, 081[deg]43'0.6'' W to 41[deg]30'9.4'' N, 081[deg]43'2.0'' W to 41[deg]29'54.9'' N, 081[deg]43'34.4'' W to 41[deg]30'0.1'' N, 081[deg]43'3.1'' W and back to 41[deg]29'59.5'' N, 081[deg]42'59.3'' W (NAD 83). (2) D-Day Conneaut.............. Conneaut, OH. All U.S. The 3rd weekend in August. waters of Conneaut Township Park, Lake Erie, within an area starting at 41[deg]57'42.6'' N, 080[deg]34'10.8'' W, to 41[deg]58'21.6'' N, 080[deg]34'10.2'' W, then to 41[deg]58'31.8'' N, 080[deg]33'33.0'' W, to 41[deg]58'01.8'' N, 080[deg]33'43.2'' W (NAD 83), and returning to the point of origin. (3) Celebrate Erie Fireworks.... Erie, PA. All U.S. The 3rd weekend of August. waters of Presque Isle Bay within an 800 foot radius of land position 42[deg]08'19.0'' N, 080[deg]05'29.0'' W in Erie, PA. (4) Thunder on the Niagara North Tonawanda, NY. The 2nd weekend of August. Hydroplane Boat Races. All U.S. waters of the Niagara River near the North Grand Island Bridge, encompassed by a line starting at 43[deg]03'32.9'' N, 078[deg]54'46.9'' W to 43[deg]03'14.6'' N, 078[deg]55'16.0'' W then to 43[deg]02'39.7'' N, 078[deg]54'13.1'' W then to 43[deg]02'59.9'' N, 078[deg]53'42.0'' W and returning to the point of origin. ---------------------------------------------------------------------------------------------------------------- (d) September Safety Zones ---------------------------------------------------------------------------------------------------------------- (1) Madison Light Up the Park... Madison Township, OH. The 1st weekend in September. All U.S. waters of Lake Erie, within a 210 ft radius of position 41[deg]50'17'' N and 081[deg]02'51'' W (NAD 83). (2) Cleveland National Airshow.. Cleveland, OH. All U.S. The Wednesday before Labor Day through Labor Day. waters of Lake Erie and Cleveland Harbor (near Burke Lakefront Airport) from position 41[deg]30'20'' N and 081[deg]42'20'' W to 41[deg]30'50'' N and 081[deg]42'49'' W, to 41[deg]32'09'' N and 081[deg]39'49'' W, to 41[deg]31'53'' N and 081[deg]39'24'' W, then return to the original position (NAD 83). [[Page 17341]] (3) Head of the Cuyahoga........ Cleveland, OH. All U.S. The 3rd weekend in September. waters of the Cuyahoga River, between a line drawn perpendicular to the river banks from position 41[deg]29'55'' N, 081[deg]42'23'' W (NAD 83) just past the Detroit-Superior Viaduct bridge at MM 1.42 of the Cuyahoga River south to a line drawn perpendicular to the river banks at position 41[deg]28'32'' N, 081[deg]40'16'' W (NAD 83) just south of the Interstate 490 bridge at MM 4.79 of the Cuyahoga River. ---------------------------------------------------------------------------------------------------------------- \1\All coordinates listed in Table 165.929 reference Datum NAD 1983. \2\As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change, and will be published in a Notice of Enforcement prior to the event. Dated: April 12, 2018. J.S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2018-08206 Filed 4-18-18; 8:45 am] BILLING CODE 9110-04-P
![17336 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules
(3) Surveying, maintaining, or ACTION: Notice of proposed rulemaking. dimensions for various triggering and
improving waters within the regulated marine events that are expected to be
area. SUMMARY: The Coast Guard proposes to conducted within the Captain of the
(c) Regulations. (1) In accordance with amend its safety zones regulation for Port Buffalo Zone throughout the year.
the general regulations in § 100.801, no Annual Events in the Captain of the Port The purpose of the rulemaking is also to
vessel shall loiter, anchor, stop, moor, Buffalo Zone. This proposed ensure vessels and persons are protected
remain or drift in any manner as to amendment updates 12 permanent from the specific hazards related to the
impede safe passage of another vessel to safety zones and adds 12 new aforementioned events. These specific
any launching ramp, marina, or fleeting permanent safety zones. These hazards include obstructions in the
area unless authorized by the Captain of amendments and additions are waterway that may cause marine
the Port Marine Safety Unit Pittsburgh necessary to protect spectators, casualties; collisions among vessels
(COTP) or a designated representative. participants, and vessels from the maneuvering at a high speed within a
(2) No vessel shall loiter, anchor, stop, hazards associated with annual channel; the explosive dangers involved
moor, remain or drift at any time more maritime events, including fireworks in pyrotechnics and hazardous cargo;
than 100 feet from any riverbank within displays, boat races, and air shows. We and flaming/falling debris into the water
the regulated area unless authorized by invite your comments on this proposed that may cause injuries. The Coast
the COTP or a designated rulemaking. Guard proposes this rulemaking under
representative. DATES: Comments and related material authority in 33 U.S.C. 1231.
(3) Persons and vessels seeking entry must be received by the Coast Guard on
or before May 21, 2018. III. Discussion of Proposed Rule
into the regulated area must request
permission from the COTP or a ADDRESSES: You may submit comments This proposed rule amends 12
designated representative. A designated identified by docket number USCG– permanent safety zones found within
representative is a commissioned, 2017–1112 using the Federal table 165.939 of 33 CFR 165.939. These
warrant, or petty officer of the U.S. eRulemaking Portal at http:// 12 amendments involve updating the
Coast Guard assigned to units under the www.regulations.gov. See the ‘‘Public location, size, and/or enforcement
operational control of USCG Marine Participation and Request for times.
Safety Unit Pittsburgh. They may be Comments’’ portion of the Additionally, this proposed rule adds
contacted on VHF–FM Channel 16. SUPPLEMENTARY INFORMATION section for
12 new safety zones to table 165.939
(4) Persons and vessels permitted to further instructions on submitting within § 165.939 for annually-
enter the regulated area must transit at comments. reoccurring events in the Captain of the
their slowest safe speed and comply Port Buffalo Zone. These 12 zones were
FOR FURTHER INFORMATION CONTACT: If approved and published in the Federal
with all lawful directions issued by the you have questions about this proposed
COTP or the designated representative. Register as temporary safety zones in
rulemaking, call or email LT Michael 2017 and were added in order to protect
(d) Effective period. This section will Collet, Chief of Waterways Management,
be effective from 4 p.m. on June 1, 2018 the public from the safety hazards
U.S. Coast Guard Sector Buffalo; previously described. A list of specific
through 3 p.m. on June 3, 2018. telephone 716–843–9322, email D09-
(e) Informational broadcasts. The changes and additions are available in
SMB-SECBuffalo-WWM@uscg.mil. the attachments within this Docket.
COTP or a designated representative
SUPPLEMENTARY INFORMATION: The Captain of the Port Buffalo has
will inform the public of the effective
I. Table of Abbreviations determined that the safety zones in this
period for the safety zone as well as any
proposed rule are necessary to ensure
changes in the dates and times of CFR Code of Federal Regulations the safety of vessels and people during
enforcement through Local Notice to DHS Department of Homeland Security annual marine or triggering events in
Mariners (LNMs), Broadcast Notices to FR Federal Register
the Captain of the Port Buffalo zone.
Mariners (BNMs), and/or Marine Safety NPRM Notice of proposed rulemaking
§ Section Although this proposed rule will be
Information Bulletins (MSIBs) as
U.S.C. United States Code effective year-round, the safety zones in
appropriate.
this proposed rule will be enforced only
Dated: April 13, 2018. II. Background, Purpose, and Legal immediately before, during, and after
F.M. Smith, Basis events that pose a hazard to the public
Lieutenant Commander, U.S. Coast Guard, On June 18, 2008, the Coast Guard and only upon notice by the Captain of
Acting Captain of the Port Marine Safety Unit published a final rule entitled Safety the Port Buffalo.
Pittsburgh. Zones; Annual Fireworks Events in the The Captain of the Port Buffalo will
[FR Doc. 2018–08192 Filed 4–18–18; 8:45 am] Captain of the Port Buffalo Zone in the notify the public that the zones in this
BILLING CODE 9110–04–P Federal Register (73 FR 28705). This proposal are or will be enforced by all
final rule was published after the Coast appropriate means to the affected
Guard requested public comments in segments of the public, including
DEPARTMENT OF HOMELAND response to a preceding NPRM in the publication in the Federal Register, as
SECURITY Federal Register (73 FR 18225, April 3, practicable, in accordance with 33 CFR
2008). No public meeting was requested, 165.7(a). Such means of notification
Coast Guard and none was held. may also include, but are not limited to,
The legal basis for this proposed rule Broadcast Notice to Mariners or Local
daltland on DSKBBV9HB2PROD with PROPOSALS
33 CFR Part 165 is the Coast Guard’s authority to Notice to Mariners.
[Docket Number USCG–2017–1112] establish safety zones: 33 U.S.C. 1231; All persons and vessels must comply
33 CFR 1.05–1, 160.5; Department of with the instructions of the Coast Guard
RIN 1625–AA00 Captain of the Port Buffalo or his or her
Homeland Security Delegation No.
Safety Zones; Annual Events in the 0170.1. designated representative. Entry into,
Captain of the Port Buffalo Zone. The purpose of this rulemaking is to transiting, or anchoring within the
update the safety zones in § 165.939 to safety zones is prohibited unless
AGENCY: Coast Guard, DHS. ensure accuracy of times, dates, and authorized by the Captain of the Port or
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![Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules 17337
his or her designated representative. If you think that your business, their discretionary regulatory actions. In
The Captain of the Port or his or her organization, or governmental particular, the Act addresses actions
designated representative may be jurisdiction qualifies as a small entity that may result in the expenditure by a
contacted via VHF Channel 16. and that this rule would have a State, local, or tribal government, in the
significant economic impact on it, aggregate, or by the private sector of
IV. Regulatory Analyses
please submit a comment (see $100,000,000 (adjusted for inflation) or
We developed this proposed rule after ADDRESSES) explaining why you think it more in any one year. Though this
considering numerous statutes and qualifies and how and to what degree proposed rule would not result in such
Executive Orders related to rulemaking. this rule would economically affect it. an expenditure, we do discuss the
Below we summarize our analyses Under section 213(a) of the Small effects of this rule elsewhere in this
based on a number of these statutes and Business Regulatory Enforcement preamble.
Executive Orders and we discuss First Fairness Act of 1996 (Pub. L. 104–121),
Amendment rights of protestors. F. Environment
we want to assist small entities in
understanding this proposed rule. If the We have analyzed this proposed rule
A. Regulatory Planning and Review under Department of Homeland
rule would affect your small business,
Executive Orders 12866 and 13563 organization, or governmental Security Management Directive 023–01,
direct agencies to assess the costs and jurisdiction and you have questions which guides the Coast Guard in
benefits of available regulatory concerning its provisions or options for complying with the National
alternatives and, if regulation is compliance, please contact the person Environmental Policy Act of 1969 (42
necessary, to select regulatory listed in the FOR FURTHER INFORMATION U.S.C. 4321–4370f), and have made a
approaches that maximize net benefits. CONTACT section. The Coast Guard will preliminary determination that this
Executive Order 13771 directs agencies not retaliate against small entities that action is one of a category of actions that
to control regulatory costs through a question or complain about this do not individually or cumulatively
budgeting process. This NPRM has not proposed rule or any policy or action of have a significant effect on the human
been designated a ‘‘significant the Coast Guard. environment. This proposed rule
regulatory action,’’ under Executive involves the establishment yearly
Order 12866. Accordingly, this NPRM C. Collection of Information triggering and marine events on and
has not been reviewed by the Office of This proposed rule would not call for around Lake Erie, Lake Ontario, and the
Management and Budget (OMB), and a new collection of information under Saint Lawrence Seaway. Normally such
pursuant to OMB guidance it is exempt the Paperwork Reduction Act of 1995 actions are categorically excluded from
from the requirements of Executive (44 U.S.C. 3501–3520). further review under paragraph L[61] of
Order 13771. Appendix A, Table 1 of DHS Instruction
This regulatory action determination D. Federalism and Indian Tribal
Manual 023–01–001–01, Rev. 01. We
is based on the size, location, duration, Governments
seek any comments or information that
and time-of-day of the safety zones. The A rule has implications for federalism may lead to the discovery of a
safety zones created by this rule will be under Executive Order 13132, significant environmental impact from
relatively small and effective during the Federalism, if it has a substantial direct this proposed rule.
time to ensure safety of spectator and effect on the States, on the relationship
participants for the listed triggering or between the national government and G. Protest Activities
marine events. Moreover, the Coast the States, or on the distribution of The Coast Guard respects the First
Guard would issue a Broadcast Notice to power and responsibilities among the Amendment rights of protesters.
Mariners via VHF–FM marine channel various levels of government. We have Protesters are asked to contact the
16 about the zone, and the rule would analyzed this proposed rule under that person listed in the FOR FURTHER
allow vessels to seek permission to enter Order and have determined that it is INFORMATION CONTACT section to
the zone. consistent with the fundamental coordinate protest activities so that your
federalism principles and preemption message can be received without
B. Impact on Small Entities
requirements described in Executive jeopardizing the safety or security of
The Regulatory Flexibility Act of Order 13132. people, places, or vessels.
1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
requires Federal agencies to consider tribal implications under Executive V. Public Participation and Request for
the potential impact of regulations on Order 13175, Consultation and Comments
small entities during rulemaking. The Coordination with Indian Tribal We view public participation as
term ‘‘small entities’’ comprises small Governments, because it would not have essential to effective rulemaking, and
businesses, not-for-profit organizations a substantial direct effect on one or will consider all comments and material
that are independently owned and more Indian tribes, on the relationship received during the comment period.
operated and are not dominant in their between the Federal Government and Your comment can help shape the
fields, and governmental jurisdictions Indian tribes, or on the distribution of outcome of this rulemaking. If you
with populations of less than 50,000. power and responsibilities between the submit a comment, please include the
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. docket number for this rulemaking,
605(b) that this proposed rule would not If you believe this proposed rule has indicate the specific section of this
have a significant economic impact on implications for federalism or Indian document to which each comment
daltland on DSKBBV9HB2PROD with PROPOSALS
a substantial number of small entities. tribes, please contact the person listed applies, and provide a reason for each
While some owners or operators of in the FOR FURTHER INFORMATION suggestion or recommendation.
vessels intending to transit the safety CONTACT section. We encourage you to submit
zone may be small entities, for the comments through the Federal
reasons stated in section IV.A above, E. Unfunded Mandates Reform Act eRulemaking Portal at http://
this proposed rule would not have a The Unfunded Mandates Reform Act www.regulations.gov. If your material
significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires cannot be submitted using http://
vessel owner or operator. Federal agencies to assess the effects of www.regulations.gov, contact the person
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![Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules 17341
TABLE 165.939—Continued
Event Location 1 Enforcement date and time 2
(3) Head of the Cuyahoga .......... Cleveland, OH. All U.S. waters of the Cuyahoga River, between The 3rd weekend in September.
a line drawn perpendicular to the river banks from position
41°29′55″ N, 081°42′23″ W (NAD 83) just past the Detroit-Su-
perior Viaduct bridge at MM 1.42 of the Cuyahoga River south
to a line drawn perpendicular to the river banks at position
41°28′32″ N, 081°40′16″ W (NAD 83) just south of the Inter-
state 490 bridge at MM 4.79 of the Cuyahoga River.
1Allcoordinates listed in Table 165.929 reference Datum NAD 1983.
2As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change, and
will be published in a Notice of Enforcement prior to the event.
Dated: April 12, 2018. FOR FURTHER INFORMATION CONTACT: If III. Discussion of Proposed Rule
J.S. Dufresne, you have questions about this rule, call This amendment updates two
Captain, U.S. Coast Guard, Captain of the or email LT John Ramos, Marine Safety permanent safety zones, adds three new
Port Buffalo. Unit Chicago, U.S. Coast Guard; permanent safety zones, and removes
[FR Doc. 2018–08206 Filed 4–18–18; 8:45 am] telephone (630) 986–2155, email D09- one old permanent safety zone. This
BILLING CODE 9110–04–P DG-MSUChicago-Waterways@uscg.mil. proposed rule amends two permanent
SUPPLEMENTARY INFORMATION: safety zones found within Table 165.929
in 33 CFR 165.929. These two
DEPARTMENT OF HOMELAND I. Table of Abbreviations
amendments involve updating the
SECURITY CFR Code of Federal Regulations location, size, and/or enforcement times
DHS Department of Homeland Security for: one air show in Milwaukee, WI and
Coast Guard FR Federal Register one sailing race in Chicago, Illinois.
NPRM Notice of proposed rulemaking Additionally, this proposed rule adds
33 CFR Part 165 § Section
U.S.C. United States Code
three new safety zones to Table 165.929
[Docket Number USCG–2018–0082] within 33 CFR 165.929 for annually-
II. Background, Purpose, and Legal reoccurring events in the Captain of the
RIN 1625–AA00 Basis Port Lake Michigan Zone. These three
zones were added in order to protect the
On May 9, 2016, the Coast Guard
Safety Zones; Annual Events public from the safety hazards
published a Final Rule entitled Safety
Requiring Safety Zones in the Captain previously described. The three
Zones; Annual Events Requiring Safety
of the Port Lake Michigan Zone additions include two safety zones for
Zones in the Captain of the Port Lake
boat parades in Milwaukee, WI, and one
AGENCY: Coast Guard, DHS. Michigan Zone in the Federal Register
safety zone for a swim event in
ACTION: Notice of proposed rulemaking. (81 FR 28024). This final rule published
Milwaukee, WI. A list of specific
after the Coast Guard requested public
changes and additions are available in
SUMMARY: The Coast Guard proposes to comments in response to a preceding
the attachments within this Docket.
amend its safety zones regulation for NPRM in the Federal Register (81 FR
This proposed rule also removes one
Annual Events in the Captain of the Port 3069, January 20, 2016). No public
permanent safety zone found within
Lake Michigan zone. This amendment meeting was requested, and none was
Table 165.929 in 33 CFR 165.929. The
updates two permanent safety zones, held.
safety zone being removed is the
adds three new permanent safety zones, The legal basis for this proposed rule Lubbers Cup Regatta listed as item (b)(2)
and removes one old permanent safety is the Coast Guard’s authority to in Table 165.929. This safety zone is
zone. These amendments, additions, establish safety zones: 33 U.S.C. 1231; being removed because the Lubbers Cup
and removals are necessary to protect 33 CFR 1.05–1, 160.5; Department of Regatta marine event was determined to
spectators, participants, and vessels Homeland Security Delegation No. no longer need a safety zone.
from the hazards associated with annual 0170.1. The Captain of the Port Lake
maritime events, including sailing races, The purpose of this rulemaking is to Michigan has determined that the safety
boat parades, swim events and air update the safety zones in 33 CFR zones in this proposed rule are
shows. We invite your comments on 165.929 to ensure that they match the necessary to ensure the safety of vessels
this proposed rulemaking. times, dates, and dimensions for various and people during annual marine or
DATES: Comments and related material marine and triggering events that are triggering events in the Captain of the
must be received by the Coast Guard on expected to be conducted with the Port Lake Michigan zone. Although this
or before May 21, 2018. Captain of the Port Lake Michigan Zone proposed rule will be effective year-
ADDRESSES: You may submit comments throughout the year. The purpose of the round, the safety zones in this proposed
identified by docket number USCG– rulemaking is also to ensure vessels and rule will be enforced only immediately
daltland on DSKBBV9HB2PROD with PROPOSALS
2018–0082 using the Federal persons are protected from the specific before, during, and after events that
eRulemaking Portal at http:// hazards related to the aforementioned pose a hazard to the public and only
www.regulations.gov. See the ‘‘Public events. upon notice by the Captain of the Port
Participation and Request for These specific hazards include Lake Michigan.
Comments’’ portion of the obstructions to the waterway that may The Captain of the Port Lake
SUPPLEMENTARY INFORMATION section for cause marine casualties; collisions Michigan will notify the public that the
further instructions on submitting among vessels and collisions between zones in this proposal are or will be
comments. vessels and people. enforced by all appropriate means to the
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Document Created: 2018-04-19 00:40:47
Document Modified: 2018-04-19 00:40:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before May 21, 2018. | |
| Contact | If you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected] | |
| FR Citation | 83 FR 17336 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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