83 FR 25570 - Safety Zones; Annual Events in the Captain of the Port Buffalo Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 107 (June 4, 2018)
Coast Guard
Federal Register Volume 83, Issue 107 (June 4, 2018)
| Page Range | 25570-25574 | |
| FR Document | 2018-11872 |
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)] [Rules and Regulations] [Pages 25570-25574] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11872] ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is amending its safety zones regulation for Annual Events in the Captain of the Port Buffalo Zone. This 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. DATES: This rule is effective July 5, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2017-1112 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 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 Information and Regulatory History On April 19, 2018, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) titled Safety Zones; Annual Events in the Captain of the Port Buffalo Zone. There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this amendment to the CFR. During the comment period that ended May 21, 2018, we received no comments. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The purpose of this rule is to update the safety zones in 33 CFR 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. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published April 19, 2018. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This 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 rule adds 12 new safety zones to table 165.939 within Sec. 165.939 for annually reoccurring [[Page 25571]] 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 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 rule will be effective year-round, the safety zones in this 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 rule 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 his or her designated representative. The Captain of the Port or his or her designated representative may be contacted via VHF Channel 16. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the characteristics of the safety zones. The safety zones created by this rule will be relatively small and are designed to minimize their impact on navigable waters. Furthermore, the safety zones have been designed to allow vessels to transit around them. In addition, the safety zones will have built in times to allow vessels to travel through when situations allow. Thus, restrictions on vessel movement within each particular area are expected to be 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 received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. 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. 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 [[Page 25572]] 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 the establishment of recurring annual safety zones. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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. 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 ------------------------------------------------------------------------ Enforcement date Event Location \1\ and time \2\ ------------------------------------------------------------------------ (a) June Safety Zones ------------------------------------------------------------------------ (1) Festival of the Fish...... Vermillion, OH. All The 3rd Saturday U.S. waters within a in June. 420 foot radius of the fireworks launch site located at position 41[deg]25'45'' N and 082[deg]21'54'' W, (NAD 83). (2) City of Syracuse Fireworks Syracuse, NY. All U.S. The last weekend Celebration. waters of Onondaga of June. 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 The 4th Monday Carousel Festival. U.S. waters of Lake of June. 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 U.S. waters of the of June. 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 The 1st weekend Ball Fireworks. of Presque Isle Bay, in June. 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. (6) Hope Chest Buffalo Niagara Buffalo, NY. All The 3rd weekend Dragon Boat Festival. waters of the Buffalo in June. 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. ------------------------------------------------------------------------ [[Page 25573]] (b) July Safety Zones ------------------------------------------------------------------------ (1) Cleveland Triathlon....... Cleveland, OH. All The 4th or 5th U.S. waters of Lake Sunday in July. Erie at North Coast Harbor, Cleveland, OH within 100 feet of a line starting at position 41[deg]30'34.6'' N and 081[deg]41'51.3'' W extending in a straight line to the East Basin Breakwall at position 41[deg]30'51.8'' N and 081[deg]42'08.5'' W. (2) Roverfest Fireworks Cleveland, OH. All The 2nd or 3rd Display. U.S. waters of Lake weekend in Erie, Cleveland, OH July. within a 280 foot radius from position 41[deg]30'34.23'' N and 081[deg]08'55.73'' W. (3) High Speed Boat Races..... Fairport, OH. All U.S. The 3rd weekend waters of Lake Erie, in July. 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 Cleveland, OH. All On or around the Alliance July 4th Fireworks. U.S. waters of Lake 4th of July. 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 Fireworks. waters of Lake Erie 4th of July. 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 The 3rd or 4th U.S. waters within 25 weekend in feet of the vessels July. 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 Celebration. waters within a 700 4th of July. foot radius of the fireworks launch site located at position 41[deg]28'35.42'' N and 082[deg]10'51.28'' W. (8) Conneaut Festival......... Conneaut, OH. All U.S. On or around the waters within a 570 4th of July. foot radius of the fireworks launch site located at position 41[deg]58'00.43'' N and 080[deg]33'34.93'' W. (9) Fairport Harbor Mardi Gras Fairport, OH. All U.S. On or around the waters within a 275 4th of July. foot radius of the fireworks launch site located at position 41[deg]45'29.55'' N and 081[deg]16'19.97'' W. (10) Sheffield Lake Community Sheffield Lake, OH. The 2nd weekend Days. All U.S. waters of in July. 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 Day Celebration. U.S. waters within a 4th of July. 560 foot radius of the fireworks launch site located at position 41[deg]29'23.9'' N and 081[deg]55'44.5'' W. (12) Lake Erie Open Water Swim Cleveland, OH. All The 2nd or 3rd U.S. waters of Lake weekend in Erie, south of a line July. 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 Fireworks. U.S. waters of the 4th of July. 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 Calumet Island, NY. On or around the Commerce Fireworks. All U.S. waters of 4th of July. 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 U.S. waters of the of July. 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 waters of Chaumont of July. 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. On or around the All U.S. waters of 4th of July. 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. The 3rd weekend All U.S. waters of of July. 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. (19) Brewerton Fireworks...... Brewerton, NY. All On or around the U.S. waters of Lake 4th of July. 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 Fireworks. U.S. waters of the of July. 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 U.S. waters of the of July. 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 U.S. waters of Sodus 4th of July. 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 Park, NY. All U.S. in July. 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. [[Page 25574]] (24) Olcott Fireworks......... Olcott, NY. All U.S. On or around the waters of Lake 4th of July. 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 All U.S. waters of 4th of July. 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 The 4th Sunday Fireworks. U.S. waters of the of July. 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 Fireworks. waters of Port Bay, 3rd of July. 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, NY. All waters The last week of Oswego, NY. of Oswego Harbor, July. 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 Celebration Fireworks. of Lake Ontario, 4th of July. 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 The 3rd or 4th U.S. waters of Lake weekend in Erie; Cleveland August. Harbor, from 41[deg]29'59.5'' N and 081[deg]42'59.3'' W to 41[deg]30'4.4'' N and 081[deg]42'44.5'' W to 41[deg]30'17.3'' N and 081[deg]43'0.6'' W to 41[deg]30'9.4'' N and 081[deg]43'2.0'' W to 41[deg]29'54.9'' N and 081[deg]43'34.4'' W to 41[deg]30'0.1'' N and 081[deg]43'3.1'' W and back to 41[deg]29'59.5'' N and 081[deg]42'59.3'' W (NAD 83). (2) D-Day Conneaut............ Conneaut, OH. All U.S. The 3rd weekend waters of Conneaut in August. Township Park, Lake Erie, within an area starting at 41[deg]57.71' N, 080[deg]34.18' W, to 41[deg]58.36' N, 080[deg]34.17' W, then to 41[deg]58.53' N, 080[deg]33.55' W, to 41[deg]58.03' N, 080[deg]33.72' W (NAD 83), and returning to the point of origin. (3) Celebrate Erie Fireworks.. Erie, PA. All U.S. The 3rd weekend waters of Presque of August. 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 Hydroplane Boat Races. All U.S. waters of of August. 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 All U.S. waters of in September. 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 The Wednesday U.S. waters of Lake before Labor Erie and Cleveland Day through Harbor (near Burke Labor Day. 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). (3) Head of the Cuyahoga...... Cleveland, OH. All The 3rd weekend U.S. waters of the in September. 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: May 29, 2018. Joseph S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2018-11872 Filed 6-1-18; 8:45 am] BILLING CODE 9110-04-P
![25570 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations
conducted. It is categorically excluded (3) The ‘‘designated representative’’ of FOR FURTHER INFORMATION CONTACT: If
from further review under paragraph the Captain of the Port Detroit is any you have questions on this rule, call or
L60(a) of Appendix A, Table 1 of DHS Coast Guard commissioned, warrant, or email LT Michael Collet, Chief of
Instruction Manual 023–01–001–01, petty officer who has been designated Waterways Management, U.S. Coast
Rev. 01. A Record of Environmental by the Captain of the Port Detroit to act Guard Sector Buffalo; telephone 716–
Consideration supporting this on his behalf. The designated 843–9322, email D09-SMB-SECBuffalo-
determination is available in the docket representative of the Captain of the Port WWM@uscg.mil.
where indicated under ADDRESSES. Detroit will be aboard either a Coast SUPPLEMENTARY INFORMATION:
Guard or Coast Guard Auxiliary vessel.
G. Protest Activities I. Table of Abbreviations
The Captain of the Port Detroit or his
The Coast Guard respects the First designated representative may be CFR Code of Federal Regulations
Amendment rights of protesters. contacted via VHF Channel 16. DHS Department of Homeland Security
Protesters are asked to contact the (4) Vessel operators desiring to enter FR Federal Register
person listed in the FOR FURTHER or operate within the safety zone shall NPRM Notice of proposed rulemaking
INFORMATION CONTACT section to contact the Captain of the Port Detroit § Section
coordinate protest activities so that your U.S.C. United States Code
or his designated representative to
message can be received without obtain permission to do so. II. Background Information and
jeopardizing the safety or security of (5) Vessel operators given permission Regulatory History
people, places or vessels. to enter or operate in the safety zone
On April 19, 2018, the Coast Guard
List of Subjects in 33 CFR Part 165 must comply with all directions given to
published a Notice of Proposed
them by the Captain of the Port Detroit
Harbors, Marine safety, Navigation Rulemaking (NPRM) titled Safety Zones;
or his designated representative.
(water), Reporting and recordkeeping Annual Events in the Captain of the Port
requirements, Security measures, Dated: May 23, 2018. Buffalo Zone. There we stated why we
Waterways. Jeffrey W. Novak, issued the NPRM, and invited
For the reasons discussed in the Captain, U.S. Coast Guard, Captain of the comments on our proposed regulatory
preamble, the Coast Guard amends 33 Port Detroit. action related to this amendment to the
CFR part 165 as follows: [FR Doc. 2018–11912 Filed 6–1–18; 8:45 am] CFR. During the comment period that
BILLING CODE 9110–04–P ended May 21, 2018, we received no
PART 165—REGULATED NAVIGATION comments.
AREAS AND LIMITED ACCESS AREAS III. Legal Authority and Need for Rule
DEPARTMENT OF HOMELAND
■ 1. The authority citation for part 165 SECURITY The Coast Guard is issuing this rule
continues to read as follows: under authority in 33 U.S.C. 1231. The
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Coast Guard purpose of this rule is to update the
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; safety zones in 33 CFR 165.939 to
Department of Homeland Security Delegation 33 CFR Part 165 ensure accuracy of times, dates, and
No. 0170.1. [Docket Number USCG–2017–1112]
dimensions for various triggering and
■ 2. Add § 165.T09–0449 to read as marine events that are expected to be
follows: RIN 1625–AA00 conducted within the Captain of the
Port Buffalo Zone throughout the year.
§ 165.T09–0449 Safety Zone; Freedom Safety Zones; Annual Events in the The purpose of the rulemaking is also to
Festival Fireworks, Lake Erie, Luna Pier, MI. Captain of the Port Buffalo Zone ensure vessels and persons are protected
(a) Location. The following area is a AGENCY: Coast Guard, DHS. from the specific hazards related to the
temporary safety zone: All U.S. aforementioned events. These specific
ACTION: Final rule.
navigable waters of the Lake Erie within hazards include obstructions in the
a 300 yard radius of the fireworks SUMMARY: The Coast Guard is amending waterway that may cause marine
launch site located at position its safety zones regulation for Annual casualties; collisions among vessels
41°48′34.826″ N, 83°26′21.894″ W. All Events in the Captain of the Port Buffalo maneuvering at a high speed within a
geographic coordinates are North Zone. This amendment updates 12 channel; the explosive dangers involved
American Datum of 1983 (NAD 83). permanent safety zones and adds 12 in pyrotechnics and hazardous cargo;
(b) Enforcement period. This new permanent safety zones. These and flaming/falling debris into the water
regulation will be enforced from 9 p.m. amendments and additions are that may cause injuries.
until 11 p.m. on June 30, 2018. The necessary to protect spectators, IV. Discussion of Comments, Changes,
Captain of the Port Detroit, or a participants and vessels from the and the Rule
designated representative may suspend hazards associated with annual
enforcement of the safety zone at any maritime events, including fireworks As noted above, we received no
time. displays, boat races, and air shows. comments on our NPRM published
(c) Regulations. (1) In accordance with April 19, 2018. There are no changes in
DATES: This rule is effective July 5,
the general regulations in § 165.23 of the regulatory text of this rule from the
this part, entry into, transiting or 2018. proposed rule in the NPRM.
anchoring within this safety zone is ADDRESSES: To view documents This rule amends 12 permanent safety
sradovich on DSK3GMQ082PROD with RULES
prohibited unless authorized by the mentioned in this preamble as being zones found within table 165.939 of 33
Captain of the Port Detroit, or his available in the docket, go to http:// CFR 165.939. These 12 amendments
designated representative. www.regulations.gov, type USCG–2017– involve updating the location, size, and/
(2) This safety zone is closed to all 1112 in the ‘‘SEARCH’’ box and click or enforcement times.
vessel traffic, except as may be ‘‘SEARCH.’’ Click on Open Docket Additionally, this rule adds 12 new
permitted by the Captain of the Port Folder on the line associated with this safety zones to table 165.939 within
Detroit or his designated representative. rule. § 165.939 for annually reoccurring
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![25574 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations
TABLE 165.939—Continued
Event Location 1 Enforcement date and time 2
(24) Olcott Fireworks ................... Olcott, NY. All U.S. waters of Lake Ontario within a 1,120 foot radius of On or around the 4th of July.
land position 43°20′23.6″ N, 078°43′09.5″ W in Olcott, NY.
(25) North Tonawanda Fireworks North Tonawanda, NY. All U.S. waters of the East Niagara River within a On or around the 4th of July.
1,400 foot radius of land position 43°01′39.6″ N, 078°53′07.5″ W in
North Tonawanda, NY.
(26) Tonawanda’s Canal Fest Tonawanda, NY. All U.S. waters of the East Niagara River within a 210 The 4th Sunday of July.
Fireworks. foot radius of land position 43°01′17.8″ N, 078°52′40.9″ W in Tona-
wanda, NY.
(27) Tom Graves Memorial Fire- Port Bay, NY. All waters of Port Bay, NY, within a 840 foot radius of the On or around the 3rd of July.
works. barge located in position 43°17′52.4″ N, 076°49′55.7″ W in Port Bay,
NY.
(28) Oswego Harborfest, Oswego, NY. All waters of Oswego Harbor, Oswego, NY contained with- The last week of July.
Oswego, NY. in a 700 foot radius of position 43°28′06.9″ N, 076°31′08.1″ W along
with a 350 foot radius of the breakwall between positions 43°27′53.0″
N, 076°31′25.3″ W then Northeast to 43°27′58.6″ N, 076°31′12.1″ W.
(29) Oswego Independence Day Oswego, NY. All waters of Lake Ontario, Oswego, NY within a 490-foot On or around the 4th of July.
Celebration Fireworks. radius from the launch site located at position 43°27′55.8″ N,
076°30′59.0″ W.
(c) August Safety Zones
(1) Whiskey Island Paddlefest ..... Cleveland, OH. All U.S. waters of Lake Erie; Cleveland Harbor, from The 3rd or 4th weekend in Au-
41°29′59.5″ N and 081°42′59.3″ W to 41°30′4.4″ N and 081°42′44.5″ gust.
W to 41°30′17.3″ N and 081°43′0.6″ W to 41°30′9.4″ N and
081°43′2.0″ W to 41°29′54.9″ N and 081°43′34.4″ W to 41°30′0.1″ N
and 081°43′3.1″ W and back to 41°29′59.5″ N and 081°42′59.3″ W
(NAD 83).
(2) D-Day Conneaut .................... Conneaut, OH. All U.S. waters of Conneaut Township Park, Lake Erie, The 3rd weekend in August.
within an area starting at 41°57.71′ N, 080°34.18′ W, to 41°58.36′ N,
080°34.17′ W, then to 41°58.53′ N, 080°33.55′ W, to 41°58.03′ N,
080°33.72′ W (NAD 83), and returning to the point of origin.
(3) Celebrate Erie Fireworks ....... Erie, PA. All U.S. waters of Presque Isle Bay within an 800 foot radius of The 3rd weekend of August.
land position 42°08′19.0″ N, 080°05′29.0″ W in Erie, PA.
(4) Thunder on the Niagara Hy- North Tonawanda, NY. All U.S. waters of the Niagara River near the The 2nd weekend of August.
droplane Boat Races. North Grand Island Bridge, encompassed by a line starting at
43°03′32.9″ N, 078°54′46.9″ W to 43°03′14.6″ N, 078°55′16.0″ W then
to 43°02′39.7″ N, 078°54′13.1″ W then to 43°02′59.9″ N, 078°53′42.0″
W and returning to the point of origin.
(d) September Safety Zones
(1) Madison Light Up the Park .... Madison Township, OH. All U.S. waters of Lake Erie, within a 210 ft ra- The 1st weekend in September.
dius of position 41°50′17″ N and 081°02′51″ W (NAD 83).
(2) Cleveland National Airshow ... Cleveland, OH. All U.S. waters of Lake Erie and Cleveland Harbor (near The Wednesday before Labor
Burke Lakefront Airport) from position 41°30′20″ N and 081°42′20″ W Day through Labor Day.
to 41°30′50″ N and 081°42′49″ W, to 41°32′09″ N and 081°39′49″ W,
to 41°31′53″ N and 081°39′24″ W, then return to the original position
(NAD 83).
(3) Head of the Cuyahoga ........... Cleveland, OH. All U.S. waters of the Cuyahoga River, between a line The 3rd weekend in September.
drawn perpendicular to the river banks from position 41°29′55″ N,
081°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°28′32″ N, 081°40′16″ W (NAD 83)
just south of the Interstate 490 bridge at MM 4.79 of the Cuyahoga
River.
1 Allcoordinates 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: May 29, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
sradovich on DSK3GMQ082PROD with RULES
Port Buffalo.
[FR Doc. 2018–11872 Filed 6–1–18; 8:45 am]
BILLING CODE 9110–04–P
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Document Created: 2018-06-02 00:47:29
Document Modified: 2018-06-02 00:47:29
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective July 5, 2018. | |
| Contact | If you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email D09-SMB- [email protected] | |
| FR Citation | 83 FR 25570 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways |
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