83_FR_25686 83 FR 25579 - Safety Zone; Flagship Niagara's Mariners Ball; Presque Isle Bay, Erie, PA

83 FR 25579 - Safety Zone; Flagship Niagara's Mariners Ball; Presque Isle Bay, Erie, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 107 (June 4, 2018)

Page Range25579-25581
FR Document2018-11857

The Coast Guard is establishing a temporary safety zone for navigable waters within a 300-foot radius of the launch site located at Presque Isle Bay, Erie, PA. This safety zone is intended to restrict vessels from portions of the Presque Isle Bay during the Flagship Niagara's Mariners Ball fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational 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 Buffalo.

Federal Register, Volume 83 Issue 107 (Monday, June 4, 2018)
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25579-25581]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11857]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0518]
RIN 1625-AA00


Safety Zone; Flagship Niagara's Mariners Ball; Presque Isle Bay, 
Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 300-foot radius of the launch site located at 
Presque Isle Bay, Erie, PA. This safety zone is intended to restrict 
vessels from portions of the Presque Isle Bay during the Flagship 
Niagara's Mariners Ball fireworks display. This temporary safety zone 
is necessary to protect mariners and vessels from the navigational 
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 Buffalo.

DATES: This rule is effective from 9:30 p.m. until 10:30 p.m. on June 
2, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0518 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 Waterways Management Division, 
U.S. Coast Guard; 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

    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. Delaying the effective date of this rule to 
wait for a comment period to run would be impracticable and contrary to 
the public interest by inhibiting the Coast Guard's ability to protect 
spectators and vessels form the hazards associated with a fireworks 
display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection of persons and 
vessels in vicinity of the 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 (COTP) has determined that a 
fireworks display presents significant risks to the public safety and 
property. Such hazards include premature and accidental detonations, 
dangerous projectiles, and falling or burning debris. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the fireworks display 
takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone on June 2, 2018, from 9:30 p.m. 
until 10:30 p.m. The safety zone will encompass all waters of the 
Presque Isle Bay, Erie, PA contained within 300-foot radius of: 
42[deg]08'22.5'' N, 080[deg]05'15.6'' W.
    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 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.

[[Page 25580]]

    This regulatory action determination is based on the conclusion 
that this rule is not a significant regulatory action. 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 has 
been designed to allow vessels to transit around it. Thus, restrictions 
on vessel movement within that 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 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 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule 
establishes a temporary safety zone. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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.T09-0518 to read as follows:


Sec.  165.T09-0518   Safety Zone; Flagship Niagara's Mariners Ball; 
Presque Isle Bay, Erie, PA.

    (a) Location. The safety zone will encompass all waters of the 
Presque Isle Bay, Erie, PA contained within a 300-foot radius of: 
42[deg]08'22.5'' N, 080[deg]05'15.6'' W.
    (b) Enforcement period. This regulation will be enforced from 9:30 
p.m. until 10:30 p.m. on June 2, 2018.
    (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

[[Page 25581]]

Coast Guard commissioned, warrant or petty officer who has been 
designated by the Captain of the Port Buffalo to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: May 29, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-11857 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations                                         25579

                                              a rain date of July 5, 2018 from 9 p.m.                 portions of the Presque Isle Bay during                making this rule effective less than 30
                                              until 10:30 p.m. The Captain of the Port                the Flagship Niagara’s Mariners Ball                   days after publication in the Federal
                                              Detroit, or a designated representative                 fireworks display. This temporary safety               Register because doing so would be
                                              may suspend enforcement of the safety                   zone is necessary to protect mariners                  impracticable and contrary to the public
                                              zone at any time.                                       and vessels from the navigational                      interest. Delaying the effective date
                                                 (c) Regulations. (1) In accordance with              hazards associated with a fireworks                    would be contrary to the rule’s
                                              the general regulations in § 165.23 of                  display. Entry of vessels or persons into              objectives of ensuring safety of life on
                                              this part, entry into, transiting or                    this zone is prohibited unless                         the navigable waters and protection of
                                              anchoring within this safety zone is                    specifically authorized by the Captain of              persons and vessels in vicinity of the
                                              prohibited unless authorized by the                     the Port Buffalo.                                      fireworks display.
                                              Captain of the Port Detroit, or his                     DATES: This rule is effective from 9:30                III. Legal Authority and Need for Rule
                                              designated representative.                              p.m. until 10:30 p.m. on June 2, 2018.
                                                 (2) This safety zone is closed to all                                                                          The Coast Guard is issuing this rule
                                                                                                      ADDRESSES: To view documents
                                              vessel traffic, except as may be                                                                               under authority in 33 U.S.C. 1231. The
                                                                                                      mentioned in this preamble as being
                                              permitted by the Captain of the Port                                                                           Captain of the Port Buffalo (COTP) has
                                                                                                      available in the docket, go to http://
                                              Detroit or his designated representative.                                                                      determined that a fireworks display
                                                                                                      www.regulations.gov, type USCG–2018–
                                                 (3) The ‘‘designated representative’’ of                                                                    presents significant risks to the public
                                                                                                      0518 in the ‘‘SEARCH’’ box and click
                                              the Captain of the Port Detroit is any                                                                         safety and property. Such hazards
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket
                                              Coast Guard commissioned, warrant, or                                                                          include premature and accidental
                                                                                                      Folder on the line associated with this
                                              petty officer who has been designated                                                                          detonations, dangerous projectiles, and
                                                                                                      rule.
                                              by the Captain of the Port Detroit to act                                                                      falling or burning debris. This rule is
                                              on his behalf. The designated                           FOR FURTHER INFORMATION CONTACT: If                    needed to protect personnel, vessels,
                                              representative of the Captain of the Port               you have questions on this rule, call or               and the marine environment in the
                                              Detroit will be aboard either a Coast                   email LT Michael Collet, Chief                         navigable waters within the safety zone
                                              Guard or Coast Guard Auxiliary vessel.                  Waterways Management Division, U.S.                    while the fireworks display takes place.
                                              The Captain of the Port Detroit or his                  Coast Guard; telephone 716–843–9322,
                                                                                                      email D09-SMB-SECBuffalo-WWM@                          IV. Discussion of the Rule
                                              designated representative may be
                                              contacted via VHF Channel 16.                           uscg.mil.                                                This rule establishes a safety zone on
                                                 (4) Vessel operators desiring to enter               SUPPLEMENTARY INFORMATION:                             June 2, 2018, from 9:30 p.m. until 10:30
                                              or operate within the safety zone shall                                                                        p.m. The safety zone will encompass all
                                                                                                      I. Table of Abbreviations                              waters of the Presque Isle Bay, Erie, PA
                                              contact the Captain of the Port Detroit
                                              or his designated representative to                     CFR Code of Federal Regulations                        contained within 300-foot radius of:
                                              obtain permission to do so.                             DHS Department of Homeland Security                    42°08′22.5″ N, 080°05′15.6″ W.
                                                 (5) Vessel operators given permission                FR Federal Register                                      Entry into, transiting, or anchoring
                                              to enter or operate in the safety zone                  NPRM Notice of proposed rulemaking                     within the safety zone is prohibited
                                                                                                      § Section                                              unless authorized by the Captain of the
                                              must comply with all directions given to
                                                                                                      U.S.C. United States Code                              Port Buffalo or his designated on-scene
                                              them by the Captain of the Port Detroit
                                              or his designated representative.                       II. Background Information and                         representative. The Captain of the Port
                                                                                                      Regulatory History                                     or his designated on-scene
                                                Dated: May 23, 2018.
                                                                                                                                                             representative may be contacted via
                                              Jeffrey W. Novak,                                          The Coast Guard is issuing this                     VHF Channel 16.
                                              Captain, U.S. Coast Guard, Captain of the               temporary rule without prior notice and
                                              Port Detroit.                                           opportunity to comment pursuant to                     V. Regulatory Analyses
                                              [FR Doc. 2018–11907 Filed 6–1–18; 8:45 am]              authority under section 4(a) of the                      We developed this rule after
                                              BILLING CODE 9110–04–P                                  Administrative Procedure Act (APA) (5                  considering numerous statutes and
                                                                                                      U.S.C. 553(b)). This provision                         Executive orders related to rulemaking.
                                                                                                      authorizes an agency to issue a rule                   Below we summarize our analyses
                                              DEPARTMENT OF HOMELAND                                  without prior notice and opportunity to                based on a number of these statutes and
                                              SECURITY                                                comment when the agency for good                       Executive orders, and we discuss First
                                                                                                      cause finds that those procedures are                  Amendment rights of protestors.
                                              Coast Guard                                             ‘‘impracticable, unnecessary, or contrary
                                                                                                      to the public interest.’’ Under 5 U.S.C.               A. Regulatory Planning and Review
                                              33 CFR Part 165                                         553(b)(B), the Coast Guard finds that                     Executive Orders 12866 and 13563
                                              [Docket Number USCG–2018–0518]                          good cause exists for not publishing a                 direct agencies to assess the costs and
                                                                                                      notice of proposed rulemaking (NPRM)                   benefits of available regulatory
                                              RIN 1625–AA00                                           with respect to this rule because the                  alternatives and, if regulation is
                                                                                                      event sponsor did not submit notice to                 necessary, to select regulatory
                                              Safety Zone; Flagship Niagara’s                         the Coast Guard with sufficient time                   approaches that maximize net benefits.
                                              Mariners Ball; Presque Isle Bay, Erie,                  remaining before the event to publish an               Executive Order 13771 directs agencies
                                              PA                                                      NPRM. Delaying the effective date of                   to control regulatory costs through a
                                              AGENCY:    Coast Guard, DHS.                            this rule to wait for a comment period                 budgeting process. This rule has not
                                              ACTION:   Temporary final rule.                         to run would be impracticable and                      been designated a ‘‘significant
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                                                                                                      contrary to the public interest by                     regulatory action,’’ under Executive
                                              SUMMARY:   The Coast Guard is                           inhibiting the Coast Guard’s ability to                Order 12866. Accordingly, this rule has
                                              establishing a temporary safety zone for                protect spectators and vessels form the                not been reviewed by the Office of
                                              navigable waters within a 300-foot                      hazards associated with a fireworks                    Management and Budget (OMB), and
                                              radius of the launch site located at                    display.                                               pursuant to OMB guidance it is exempt
                                              Presque Isle Bay, Erie, PA. This safety                    Under 5 U.S.C. 553(d)(3), the Coast                 from the requirements of Executive
                                              zone is intended to restrict vessels from               Guard finds that good cause exists for                 Order 13771.


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                                              25580                Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations

                                                 This regulatory action determination                 888–REG–FAIR (1–888–734–3247). The                     individually or cumulatively have a
                                              is based on the conclusion that this rule               Coast Guard will not retaliate against                 significant effect on the human
                                              is not a significant regulatory action. We              small entities that question or complain               environment. This rule establishes a
                                              anticipate that it will have minimal                    about this rule or any policy or action                temporary safety zone. It is categorically
                                              impact on the economy, will not                         of the Coast Guard.                                    excluded from further review under
                                              interfere with other agencies, will not                                                                        paragraph L60(a) of Appendix A, Table
                                              adversely alter the budget of any grant                 C. Collection of Information                           1 of DHS Instruction Manual 023–01–
                                              or loan recipients, and will not raise any                This rule will not call for a new                    001–01, Rev. 01. A Record of
                                              novel legal or policy issues. The safety                collection of information under the                    Environmental Consideration
                                              zone created by this rule will be                       Paperwork Reduction Act of 1995 (44                    supporting this determination is
                                              relatively small and enforced for a                     U.S.C. 3501–3520).                                     available in the docket where indicated
                                              relatively short time. Also, the safety                 D. Federalism and Indian Tribal                        under ADDRESSES.
                                              zone has been designed to allow vessels                 Governments                                            G. Protest Activities
                                              to transit around it. Thus, restrictions on
                                              vessel movement within that particular                     A rule has implications for federalism                The Coast Guard respects the First
                                              area are expected to be minimal. Under                  under Executive Order 13132,                           Amendment rights of protesters.
                                              certain conditions, moreover, vessels                   Federalism, if it has a substantial direct             Protesters are asked to contact the
                                              may still transit through the safety zone               effect on the States, on the relationship              person listed in the FOR FURTHER
                                              when permitted by the Captain of the                    between the national government and                    INFORMATION CONTACT section to
                                              Port.                                                   the States, or on the distribution of                  coordinate protest activities so that your
                                                                                                      power and responsibilities among the                   message can be received without
                                              B. Impact on Small Entities                             various levels of government. We have                  jeopardizing the safety or security of
                                                 The Regulatory Flexibility Act of                    analyzed this rule under that Order and                people, places or vessels.
                                              1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent
                                                                                                                                                             List of Subjects in 33 CFR Part 165
                                              requires Federal agencies to consider                   with the fundamental federalism
                                              the potential impact of regulations on                  principles and preemption requirements                   Harbors, Marine safety, Navigation
                                              small entities during rulemaking. The                   described in Executive Order 13132.                    (water), Reporting and recordkeeping
                                              term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal                requirements, Security measures,
                                              businesses, not-for-profit organizations                implications under Executive Order                     Waterways.
                                              that are independently owned and                        13175, Consultation and Coordination                     For the reasons discussed in the
                                              operated and are not dominant in their                  with Indian Tribal Governments,                        preamble, the Coast Guard amends 33
                                              fields, and governmental jurisdictions                  because it does not have a substantial                 CFR part 165 as follows:
                                              with populations of less than 50,000.                   direct effect on one or more Indian
                                              The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the                PART 165—REGULATED NAVIGATION
                                              605(b) that this rule will not have a                   Federal Government and Indian tribes,                  AREAS AND LIMITED ACCESS AREAS
                                              significant economic impact on a                        or on the distribution of power and                    ■ 1. The authority citation for part 165
                                              substantial number of small entities.                   responsibilities between the Federal
                                                 While some owners or operators of                                                                           continues to read as follows:
                                                                                                      Government and Indian tribes. If you
                                              vessels intending to transit the safety                 believe this rule has implications for                   Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              zone may be small entities, for the                                                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                      federalism or Indian tribes, please
                                              reasons stated in section V.A above, this                                                                      Department of Homeland Security Delegation
                                                                                                      contact the person listed in the FOR                   No. 0170.1.
                                              rule will not have a significant                        FURTHER INFORMATION CONTACT section
                                              economic impact on any vessel owner                                                                            ■ 2. Add § 165.T09–0518 to read as
                                                                                                      above.
                                              or operator.                                                                                                   follows:
                                                 Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                                                                                                                             § 165.T09–0518 Safety Zone; Flagship
                                              Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                     Niagara’s Mariners Ball; Presque Isle Bay,
                                              Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                  Erie, PA.
                                              we want to assist small entities in                     Federal agencies to assess the effects of                (a) Location. The safety zone will
                                              understanding this rule. If the rule                    their discretionary regulatory actions. In             encompass all waters of the Presque Isle
                                              would affect your small business,                       particular, the Act addresses actions                  Bay, Erie, PA contained within a 300-
                                              organization, or governmental                           that may result in the expenditure by a                foot radius of: 42°08′22.5″ N,
                                              jurisdiction and you have questions                     State, local, or tribal government, in the             080°05′15.6″ W.
                                              concerning its provisions or options for                aggregate, or by the private sector of                   (b) Enforcement period. This
                                              compliance, please contact the person                   $100,000,000 (adjusted for inflation) or               regulation will be enforced from 9:30
                                              listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                 p.m. until 10:30 p.m. on June 2, 2018.
                                              CONTACT section.                                        will not result in such an expenditure,                  (c) Regulations. (1) In accordance with
                                                 Small businesses may send comments                   we do discuss the effects of this rule                 the general regulations in § 165.23 of
                                              on the actions of Federal employees                     elsewhere in this preamble.                            this part, entry into, transiting, or
                                              who enforce, or otherwise determine                                                                            anchoring within this safety zone is
                                              compliance with, Federal regulations to                 F. Environment
                                                                                                                                                             prohibited unless authorized by the
                                              the Small Business and Agriculture                        We have analyzed this rule under                     Captain of the Port Buffalo or his
                                              Regulatory Enforcement Ombudsman                        Department of Homeland Security                        designated on-scene representative.
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                                              and the Regional Small Business                         Directive 023–01 and Commandant                          (2) This safety zone is closed to all
                                              Regulatory Fairness Boards. The                         Instruction M16475.1D, which guide the                 vessel traffic, except as may be
                                              Ombudsman evaluates these actions                       Coast Guard in complying with the                      permitted by the Captain of the Port
                                              annually and rates each agency’s                        National Environmental Policy Act of                   Buffalo or his designated on-scene
                                              responsiveness to small business. If you                1969 (42 U.S.C. 4321–4370f), and have                  representative.
                                              wish to comment on actions by                           determined that this action is one of a                  (3) The ‘‘on-scene representative’’ of
                                              employees of the Coast Guard, call 1–                   category of actions that do not                        the Captain of the Port Buffalo is any


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                                                                   Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations                                          25581

                                              Coast Guard commissioned, warrant or                    border, beginning May 1, 2017, through                 remained in effect through April 30,
                                              petty officer who has been designated                   April 30, 2018. NMFS is authorized to                  2018.
                                              by the Captain of the Port Buffalo to act               implement inseason management                             Reason and authorization for the
                                              on his behalf.                                          actions to modify fishing seasons and                  action: The purpose of this action was
                                                (4) Vessel operators desiring to enter                quotas as necessary to provide fishing                 to limit fishery impacts on Klamath
                                              or operate within the safety zone must                  opportunity while meeting management                   River fall-run Chinook salmon (KRFC)
                                              contact the Captain of the Port Buffalo                 objectives for the affected species (50                and Sacramento River fall-run Chinook
                                              or his on-scene representative to obtain                CFR 660.409). Inseason actions in the                  salmon (SRFC). Both stocks failed to
                                              permission to do so. The Captain of the                 salmon fishery may be taken directly by                achieve their conservation objectives in
                                              Port Buffalo or his on-scene                            NMFS (50 CFR 660.409(a)—Fixed                          2017 and currently meet the status
                                              representative may be contacted via                     inseason management provisions) or                     determination criteria identified in the
                                              VHF Channel 16. Vessel operators given                  upon consultation with the Pacific                     Pacific Coast Salmon Fishery
                                              permission to enter or operate in the                   Fishery Management Council (Council)                   Management Plan for being overfished.
                                              safety zone must comply with all                        and the appropriate State Directors (50                Therefore, the states of Oregon and
                                              directions given to them by the Captain                 CFR 660.409(b)—Flexible inseason                       California recommended cancelling the
                                              of the Port Buffalo, or his on-scene                    management provisions). The state                      fisheries described above. The West
                                              representative.                                         management agencies that participated                  Coast Regional Administrator (RA)
                                                                                                      in the consultations described in this                 considered the spawning escapement
                                                Dated: May 29, 2018.
                                                                                                      document were: California Department                   and abundance history for KRFC and
                                              Joseph S. Dufresne,                                                                                            SRFC, the stocks’ 2018 abundance
                                                                                                      of Fish and Wildlife (CDFW) and
                                              Captain, U.S. Coast Guard, Captain of the                                                                      forecasts, and projected fishery impacts
                                              Port Buffalo.                                           Oregon Department of Fish and Wildlife
                                                                                                      (ODFW).                                                on these stocks in 2018, and determined
                                              [FR Doc. 2018–11857 Filed 6–1–18; 8:45 am]                                                                     that this inseason action was necessary
                                                                                                        Management of the salmon fisheries is
                                              BILLING CODE 9110–04–P
                                                                                                      generally divided into two geographic                  to meet conservation and management
                                                                                                      areas: North of Cape Falcon (U.S./                     objectives for these stocks. Inseason
                                                                                                      Canada border to Cape Falcon, OR) and                  actions to modify quotas or fishing
                                              DEPARTMENT OF COMMERCE                                  south of Cape Falcon (Cape Falcon, OR,                 seasons are authorized by 50 CFR
                                                                                                      to the U.S./Mexico border). The                        660.409(b)(1)(i).
                                              National Oceanic and Atmospheric                                                                                  Consultation date and participants:
                                                                                                      inseason action reported in this
                                              Administration                                                                                                 Consultation on inseason action #1
                                                                                                      document affected fisheries south of
                                                                                                      Cape Falcon.                                           occurred on March 13, 2018.
                                              50 CFR Part 660                                                                                                Representatives from NMFS, ODFW,
                                                                                                      Inseason Action                                        CDFW, and the Council participated in
                                              [Docket No. 161222999–7413–01]
                                                                                                      Inseason Action #1                                     this consultation.
                                              RIN 0648–XG222                                                                                                    All other restrictions and regulations
                                                                                                        Description of action: Inseason action               remain in effect as announced for the
                                              Fisheries Off West Coast States;                        #1 cancelled specific commercial and                   2017 ocean salmon fisheries and 2018
                                              Modifications of the West Coast                         recreational ocean salmon fisheries                    salmon fisheries opening prior to May 1,
                                              Commercial and Recreational Salmon                      south of Cape Falcon, OR, that were                    2018 (82 FR 19631, April 28, 2017) and
                                              Fisheries; Inseason Action #1                           previously scheduled to open in March                  as modified by prior inseason actions.
                                                                                                      and April 2018 (82 FR 19630, April 28,                    The RA determined that the best
                                              AGENCY:  National Marine Fisheries
                                                                                                      2017). The fisheries that were cancelled               available information indicated that
                                              Service (NMFS), National Oceanic and
                                                                                                      were:                                                  Chinook salmon abundance forecasts
                                              Atmospheric Administration (NOAA),
                                              Commerce.                                               —Commercial fishery from Cape Falcon,                  and expected fishery effort in 2018
                                                                                                        OR, to Florence South Jetty, OR,                     supported the above inseason action
                                              ACTION: Modification of fishing seasons.
                                                                                                        previously scheduled to open March                   recommended by the states of Oregon
                                              SUMMARY:   NMFS announces one                             15, 2018;                                            and California. The states manage the
                                              inseason action in the ocean salmon                     —Commercial fishery from Florence                      fisheries in state waters adjacent to the
                                              fisheries. This inseason action modified                  South Jetty, OR, to Humbug                           areas of the U.S. exclusive economic
                                              the commercial and recreational salmon                    Mountain, OR, previously scheduled                   zone consistent with these federal
                                              fisheries in the area from Cape Falcon,                   to open March 15, 2018;                              actions. As provided by the inseason
                                              OR, to Pigeon Point, CA.                                —Commercial fishery from Humbug                        notice procedures of 50 CFR 660.411,
                                                                                                        Mountain, OR, to the Oregon/                         actual notice of the described regulatory
                                              DATES: The effective date for the
                                                                                                        California border (Oregon Klamath                    action was given, prior to the time the
                                              inseason action is set out in this
                                                                                                        Management Zone), previously                         action was effective, by telephone
                                              document under the heading Inseason
                                                                                                        scheduled to open March 15, 2018;                    hotline numbers 206–526–6667 and
                                              Action.                                                 —Commercial fishery from Horse                         800–662–9825, and by U.S. Coast Guard
                                              FOR FURTHER INFORMATION CONTACT:                          Mountain, CA, to Point Arena, CA,                    Notice to Mariners broadcasts on
                                              Peggy Mundy at 206–526–4323.                              previously scheduled to open April                   Channel 16 VHF–FM and 2182 kHz.
                                              SUPPLEMENTARY INFORMATION:                                16–30, 2018;
                                                                                                      —Recreational fishery from Horse                       Classification
                                              Background                                                Mountain, CA, to Point Arena, CA,                       NOAA’s Assistant Administrator (AA)
sradovich on DSK3GMQ082PROD with RULES




                                                 In the 2017 annual management                          previously scheduled to open April 7,                for NMFS, finds that good cause exists
                                              measures for ocean salmon fisheries (82                   2018; and                                            for this notification to be issued without
                                              FR 19630, April 28, 2017), NMFS                         —Recreational fishery from Point Arena,                affording prior notice and opportunity
                                              announced management measures for                         CA, to Pigeon Point, CA, previously                  for public comment under 5 U.S.C.
                                              the commercial and recreational                           scheduled to open April 7, 2018.                     553(b)(B) because such notification
                                              fisheries in the area from the U.S./                      Effective dates: Inseason action #1                  would be impracticable. As previously
                                              Canada border to the U.S./Mexico                        took effect on March 13, 2018, and                     noted, actual notice of the regulatory


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Document Created: 2018-06-02 00:47:55
Document Modified: 2018-06-02 00:47:55
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 9:30 p.m. until 10:30 p.m. on June 2, 2018.
ContactIf you have questions on this rule, call or email LT Michael Collet, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo- [email protected]
FR Citation83 FR 25579 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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