83_FR_27821 83 FR 27706 - Safety Zones; Annual Events in the Captain of the Port Detroit Zone

83 FR 27706 - Safety Zones; Annual Events in the Captain of the Port Detroit Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 115 (June 14, 2018)

Page Range27706-27707
FR Document2018-12757

The Coast Guard will enforce various safety zones for annual marine events in the Captain of the Port Detroit zone from 9 p.m. on June 23, 2018 through 11 p.m. on July 5, 2018. Enforcement of these zones is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after these fireworks events. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after fireworks events. During each enforcement period, no person or vessel may enter the respective safety zone without permission of the Captain of the Port or his designated representative.

Federal Register, Volume 83 Issue 115 (Thursday, June 14, 2018) 
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27706-27707]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12757]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0550]


Safety Zones; Annual Events in the Captain of the Port Detroit 
Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce various safety zones for annual 
marine events in the Captain of the Port Detroit zone from 9 p.m. on 
June 23, 2018 through 11 p.m. on July 5, 2018. Enforcement of these 
zones is necessary and intended to ensure safety of life on the 
navigable waters immediately prior to, during, and immediately after 
these fireworks events. During the aforementioned period, the Coast 
Guard will enforce restrictions upon, and control movement of, vessels 
in a specified area immediately prior to, during, and immediately after 
fireworks events. During each enforcement period, no person or vessel 
may enter the respective safety zone without

[[Page 27707]]

permission of the Captain of the Port or his designated representative.

DATES: The regulations in 33 CFR 165.941 will be enforced at various 
dates and times between 9 p.m. on June 23, 2018 through 11 p.m. on July 
5, 2018.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
document, call or email Ryan Erpelding, Prevention, Marine Safety Unit 
Toledo, Coast Guard; telephone (419) 418-6037, or email 
[email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety 
zones listed in 33 CFR 165.941, Safety Zones; Annual Events in the 
Captain of the Port Detroit Zone, at the following dates and times for 
the following events:
    (1) Washington Township Summerfest Fireworks, Toledo, OH. The 
safety zone listed in Sec.  165.941(a)(2), will be enforced from 9 p.m. 
to 11 p.m. on June 23, 2018. In the case of inclement weather on June 
23, 2018, this safety zone will be enforced from 9 p.m. to 11 p.m. on 
June 24, 2018.
    (2) Put-In-Bay Fourth of July Fireworks, Put-In-Bay, OH. The safety 
zone listed in Sec.  165.941(a)(5) will be enforced from 9 p.m. to 11 
p.m. on July 4, 2018. In the case of inclement weather on July 4, 2018, 
this safety zone will be enforced from 9 p.m. to 11 p.m. on July 5, 
2018.
    Under the provisions of Sec.  165.23, entry into, transiting, or 
anchoring within these safety zones during the enforcement period is 
prohibited unless authorized by the Captain of the Port Detroit or his 
designated representative. Vessels that wish to transit through the 
safety zones may request permission from the Captain of the Port 
Detroit or his designated representative. Requests must be made in 
advance and approved by the Captain of Port before transits will be 
authorized. Approvals will be granted on a case by case basis. The 
Captain of the Port may be contacted via U.S. Coast Guard Sector 
Detroit on channel 16, VHF-FM or by calling (313) 568-9564. The Coast 
Guard will give notice to the public via Local Notice to Mariners and 
VHF radio broadcasts that the regulation is in effect.
    This document is issued under authority of Sec.  165.941 and 5 
U.S.C. 552(a). If the Captain of the Port determines that any of these 
safety zones need not be enforced for the full duration stated in this 
document, he may suspend such enforcement and notify the public of the 
suspension via a Broadcast Notice to Mariners.

    Dated: June 6, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-12757 Filed 6-13-18; 8:45 am]
 BILLING CODE 9110-04-P

27706 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations compliance with, Federal regulations to F. Environment anchoring within this safety zone is the Small Business and Agriculture We have analyzed this rule under prohibited unless authorized by the Regulatory Enforcement Ombudsman Department of Homeland Security Captain of the Port Buffalo or his and the Regional Small Business Directive 023–01 and Commandant designated on-scene representative. Regulatory Fairness Boards. The Instruction M16475.1D, which guide the (2) This safety zone is closed to all Ombudsman evaluates these actions Coast Guard in complying with the vessel traffic, except as may be annually and rates each agency’s National Environmental Policy Act of permitted by the Captain of the Port responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have Buffalo or his designated on-scene wish to comment on actions by representative. determined that this action is one of a employees of the Coast Guard, call (3) The ‘‘on-scene representative’’ of category of actions that do not 1–888–REG–FAIR (1–888–734–3247). the Captain of the Port Buffalo is any individually or cumulatively have a Coast Guard commissioned, warrant or The Coast Guard will not retaliate significant effect on the human against small entities that question or petty officer who has been designated environment. This rule establishes a by the Captain of the Port Buffalo to act complain about this rule or any policy temporary safety zone. It is categorically or action of the Coast Guard. on his behalf. excluded from further review under (4) Vessel operators desiring to enter C. Collection of Information paragraph L60(a) of Appendix A, Table or operate within the safety zone shall 1 of DHS Instruction Manual 023–01– contact the Captain of the Port Buffalo This rule will not call for a new 001–01, Rev. 01. A Record of collection of information under the or his on-scene representative to obtain Environmental Consideration permission to do so. The Captain of the Paperwork Reduction Act of 1995 (44 supporting this determination is U.S.C. 3501–3520). Port Buffalo or his on-scene available in the docket where indicated representative may be contacted via D. Federalism and Indian Tribal under ADDRESSES. VHF Channel 16. Vessel operators given Governments G. Protest Activities permission to enter or operate in the A rule has implications for federalism safety zone must comply with all The Coast Guard respects the First under Executive Order 13132, directions given to them by the Captain Amendment rights of protesters. Federalism, if it has a substantial direct of the Port Buffalo, or his on-scene Protesters are asked to contact the effect on the States, on the relationship representative. person listed in the FOR FURTHER between the national government and INFORMATION CONTACT section to Dated: June 11, 2018. the States, or on the distribution of coordinate protest activities so that your Kenneth E. Blair, power and responsibilities among the message can be received without Commander, U.S. Coast Guard, Acting various levels of government. We have jeopardizing the safety or security of Captain of the Port Buffalo. analyzed this rule under that Order and people, places or vessels. [FR Doc. 2018–12804 Filed 6–13–18; 8:45 am] have determined that it is consistent BILLING CODE 9110–04–P List of Subjects in 33 CFR Part 165 with the fundamental federalism principles and preemption requirements Harbors, Marine safety, Navigation described in Executive Order 13132. (water), Reporting and recordkeeping DEPARTMENT OF HOMELAND Also, this rule does not have tribal requirements, Security measures, SECURITY implications under Executive Order Waterways. 13175, Consultation and Coordination For the reasons discussed in the Coast Guard with Indian Tribal Governments, preamble, the Coast Guard amends 33 CFR part 165 as follows: 33 CFR Part 165 because it does not have a substantial direct effect on one or more Indian [Docket No. USCG–2018–0550] tribes, on the relationship between the PART 165—REGULATED NAVIGATION Federal Government and Indian tribes, AREAS AND LIMITED ACCESS AREAS Safety Zones; Annual Events in the or on the distribution of power and Captain of the Port Detroit Zone ■ 1. The authority citation for part 165 responsibilities between the Federal continues to read as follows: AGENCY: Coast Guard, DHS. Government and Indian tribes. If you ACTION: Notice of enforcement of believe this rule has implications for 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; regulation. federalism or Indian tribes, please Department of Homeland Security Delegation contact the person listed in the FOR No. 0170.1. SUMMARY: The Coast Guard will enforce FURTHER INFORMATION CONTACT section various safety zones for annual marine above. ■ 2. Add § 165.T09–0526 to read as events in the Captain of the Port Detroit follows: zone from 9 p.m. on June 23, 2018 E. Unfunded Mandates Reform Act § 165.T09–0526 Safety Zone; Festival of through 11 p.m. on July 5, 2018. The Unfunded Mandates Reform Act the Fish; Vermillion River, Vermillion, OH. Enforcement of these zones is necessary of 1995 (2 U.S.C. 1531–1538) requires (a) Location. This zone will and intended to ensure safety of life on Federal agencies to assess the effects of encompass all U.S waterways within a the navigable waters immediately prior their discretionary regulatory actions. In 420-foot radius of the fireworks launch to, during, and immediately after these particular, the Act addresses actions site located at position 41°25′45″ N, fireworks events. During the that may result in the expenditure by a 082°21′54″ W, Vermilion, OH (NAD 83). aforementioned period, the Coast Guard State, local, or tribal government, in the will enforce restrictions upon, and daltland on DSKBBV9HB2PROD with RULES (b) Effective and enforcement period. aggregate, or by the private sector of This regulation is effective and will be control movement of, vessels in a $100,000,000 (adjusted for inflation) or enforced on June 15, 2018 from 9:45 specified area immediately prior to, more in any one year. Though this rule p.m. until 10:45 p.m. during, and immediately after fireworks will not result in such an expenditure, (c) Regulations. (1) In accordance with events. During each enforcement period, we do discuss the effects of this rule the general regulations in § 165.23 of no person or vessel may enter the elsewhere in this preamble. this part, entry into, transiting, or respective safety zone without VerDate Sep<11>2014 15:55 Jun 13, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1

Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27707 permission of the Captain of the Port or Dated: June 6, 2018. II. Background Information and his designated representative. Jeffrey W. Novak, Regulatory History Captain, U.S. Coast Guard, Captain of the The Coast Guard is issuing this DATES: The regulations in 33 CFR Port Detroit. 165.941 will be enforced at various temporary rule without prior notice and [FR Doc. 2018–12757 Filed 6–13–18; 8:45 am] opportunity to comment pursuant to dates and times between 9 p.m. on June 23, 2018 through 11 p.m. on July 5, BILLING CODE 9110–04–P authority under section 4(a) of the 2018. Administrative Procedure Act (APA)(5 U.S.C. 553(b)). This provision FOR FURTHER INFORMATION CONTACT: If DEPARTMENT OF HOMELAND authorizes an agency to issue a rule you have questions on this document, SECURITY without prior notice and opportunity to call or email Ryan Erpelding, comment when the agency for good Coast Guard Prevention, Marine Safety Unit Toledo, cause find that those procedures are Coast Guard; telephone (419) 418–6037, ‘‘impracticable, unnecessary, or contrary 33 CFR Part 165 or email Ryan.G.Erpelding@uscg.mil. to public interest.’’ On April 19, 2018, the Captain of the Port (COTP) Buffalo SUPPLEMENTARY INFORMATION: The Coast [Docket Number USCG–2018–0528] published a notice of proposed Guard will enforce the safety zones rulemaking (NPRM), Docket Number listed in 33 CFR 165.941, Safety Zones; RIN 1625–AA00 USCG–2017–1112, to make temporary Annual Events in the Captain of the Port safety zones for annual events a final Detroit Zone, at the following dates and Safety Zone; Hope Chest Buffalo rule. This event was included in the times for the following events: Niagara Dragon Boat Festival, Buffalo NPRM. Its purpose was to mitigate (1) Washington Township Summerfest River, Buffalo, NY potential threats to personnel, vessels, Fireworks, Toledo, OH. The safety zone and the marine environment in the listed in § 165.941(a)(2), will be AGENCY: Coast Guard, DHS. navigable waters within the specified enforced from 9 p.m. to 11 p.m. on June ACTION: Temporary final rule. safety zones. The NPRM addressed 23, 2018. In the case of inclement these concerns, and invited the public weather on June 23, 2018, this safety SUMMARY: The Coast Guard is to comment during the comment period, zone will be enforced from 9 p.m. to 11 establishing a temporary safety zone for which ended on May 21, 2018. As such, p.m. on June 24, 2018. navigable waters on the Buffalo River, it is unnecessary to publish an NPRM Buffalo, NY. This safety zone is for this temporary rule because the (2) Put-In-Bay Fourth of July intended to restrict vessels from public had opportunity to comment on Fireworks, Put-In-Bay, OH. The safety portions of the Buffalo River during the it and no comments were received zone listed in § 165.941(a)(5) will be Hope Chest Buffalo Niagara Dragon Boat concerning this event. enforced from 9 p.m. to 11 p.m. on July Festival. This temporary safety zone is Under 5 U.S.C 553(d)(3), the Coast 4, 2018. In the case of inclement necessary to protect mariners and Guard finds that good cause exists for weather on July 4, 2018, this safety zone vessels from the navigational hazards making this rule effective less than 30 will be enforced from 9 p.m. to 11 p.m. associated with this event. Entry of days after publication in the Federal on July 5, 2018. vessels or persons into this zone is Register. The Coast Guard intends to Under the provisions of § 165.23, prohibited unless specifically establish a permanent safety zone in the entry into, transiting, or anchoring authorized by the Captain of the Port future under Docket Number USCG– within these safety zones during the Buffalo. 2017–1112. Delaying the effective date enforcement period is prohibited unless DATES: This rule is effective from 8:00 would be contrary to the rule’s authorized by the Captain of the Port a.m. until 5:30 p.m. on June 16, 2018. objectives of ensuring safety of life on Detroit or his designated representative. the navigable waters and protection of Vessels that wish to transit through the ADDRESSES: To view documents persons and vessels in the vicinity of safety zones may request permission mentioned in this preamble as being the planned event. from the Captain of the Port Detroit or available in the docket, go to http:// his designated representative. Requests www.regulations.gov, type USCG–2018– III. Legal Authority and Need for Rule must be made in advance and approved 0528 in the ‘‘SEARCH’’ box and click The Coast Guard is issuing this rule by the Captain of Port before transits ‘‘SEARCH.’’ Click on Open Docket under authority in 33 U.S.C. 1231. The will be authorized. Approvals will be Folder on the line associated with this Captain of the Port Buffalo (COTP) has granted on a case by case basis. The rule. determined the Hope Chest Buffalo Captain of the Port may be contacted via FOR FURTHER INFORMATION CONTACT: If Niagara Dragon Boat Festival presents U.S. Coast Guard Sector Detroit on you have questions on this rule, call or significant risks to the public safety and channel 16, VHF–FM or by calling (313) email LT Michael Collet, Chief property. This rule is needed to protect 568–9564. The Coast Guard will give Waterways Management Division, U.S. personnel, vessels, and the marine notice to the public via Local Notice to Coast Guard; telephone 716–843–9322, environment in the navigable waters Mariners and VHF radio broadcasts that email D09–SMB–SECBuffalo-WWM@ within the safety zone while the event the regulation is in effect. uscg.mil. takes place. This document is issued under authority of § 165.941 and 5 U.S.C. SUPPLEMENTARY INFORMATION: IV. Discussion of the Rule 552(a). If the Captain of the Port This rule establishes a safety zone on daltland on DSKBBV9HB2PROD with RULES I. Table of Abbreviations determines that any of these safety June 16, 2018, from 8:00 a.m. until 5:30 CFR Code of Federal Regulations zones need not be enforced for the full DHS Department of Homeland Security p.m. The safety zone will encompass all duration stated in this document, he FR Federal Register waters of the Buffalo River, Buffalo, NY may suspend such enforcement and NPRM Notice of proposed rulemaking starting at position 42°52′12.60″ N, notify the public of the suspension via § Section 078°52′17.0″ W then Southeast to a Broadcast Notice to Mariners. U.S.C. United States Code 42°52′03.0″ N, 078°52′12.0″ W then East VerDate Sep<11>2014 15:55 Jun 13, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\14JNR1.SGM 14JNR1


Document Created: 2018-06-14 01:38:49
Document Modified: 2018-06-14 01:38:49
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
ActionNotice of enforcement of regulation.
DatesThe regulations in 33 CFR 165.941 will be enforced at various dates and times between 9 p.m. on June 23, 2018 through 11 p.m. on July 5, 2018.
ContactIf you have questions on this document, call or email Ryan Erpelding, Prevention, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418-6037, or email [email protected]
FR Citation83 FR 27706 
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