83 FR 29682 - Safety Zone; City of Erie Fourth of July Fireworks; Lake Erie, Erie, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 123 (June 26, 2018)

Page Range		29682-29684
FR Document		2018-13643

The Coast Guard is establishing a temporary safety zone for navigable waters within a 280-foot radius of the launch site located at Dobbins Landing, Erie, PA. This safety zone is intended to restrict vessels from portions of Lake Erie during City of Erie Fourth of July 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 123 (Tuesday, June 26, 2018)

[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29682-29684]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13643]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0499]
RIN 1625-AA00


Safety Zone; City of Erie Fourth of July Fireworks; Lake Erie, 
Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 280-foot radius of the launch site located at 
Dobbins Landing, Erie, PA. This safety zone is intended to restrict 
vessels from portions of Lake Erie during City of Erie Fourth of July 
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 9:45 p.m. until 10:45 p.m. on July 
3, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0499 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 D09-SMB-SECBuffalo-WWM@uscg.mil.

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 enhancing 
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 July 3, 2018, from 9:45 p.m. 
until 10:45 p.m. The safety zone will encompass all waters of Lake 
Erie, Erie, NY contained within 280-foot radius of: 42[deg]08'17.13'' 
N, 080[deg]05'30.17'' 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.
    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

[[Page 29683]]

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.T09-0499 to read as follows:


Sec.  165.T09-0499  Safety Zone; City of Erie Fourth of July Fireworks; 
Lake Erie, Erie, PA.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie, Erie, PA contained within a 280-foot radius of: 42[deg]08'17.13'' 
N, 80[deg]05'30.17'' W.
    (b) Enforcement period. This regulation will be enforced from 9:45 
p.m. until 10:45 p.m. on July 3, 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 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

[[Page 29684]]

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: June 20, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13643 Filed 6-25-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29683

area are expected to be minimal. Under D. Federalism and Indian Tribal available in the docket where indicated
certain conditions, moreover, vessels Governments under ADDRESSES.
may still transit through the safety zone G. Protest Activities
when permitted by the Captain of the A rule has implications for federalism
under Executive Order 13132, The Coast Guard respects the First
Port.
Federalism, if it has a substantial direct Amendment rights of protesters.
B. Impact on Small Entities effect on the States, on the relationship Protesters are asked to contact the
between the national government and person listed in the FOR FURTHER
The Regulatory Flexibility Act of the States, or on the distribution of INFORMATION CONTACT section to
1980, 5 U.S.C. 601–612, as amended, power and responsibilities among the coordinate protest activities so that your
requires Federal agencies to consider various levels of government. We have message can be received without
the potential impact of regulations on analyzed this rule under that Order and jeopardizing the safety or security of
small entities during rulemaking. The have determined that it is consistent people, places or vessels.
term ‘‘small entities’’ comprises small with the fundamental federalism
businesses, not-for-profit organizations principles and preemption requirements List of Subjects in 33 CFR Part 165
that are independently owned and described in Executive Order 13132. Harbors, Marine safety, Navigation
operated and are not dominant in their Also, this rule does not have tribal (water), Reporting and recordkeeping
fields, and governmental jurisdictions implications under Executive Order requirements, Security measures,
with populations of less than 50,000. 13175, Consultation and Coordination Waterways.
The Coast Guard certifies under 5 U.S.C. with Indian Tribal Governments, For the reasons discussed in the
605(b) that this rule will not have a because it does not have a substantial preamble, the Coast Guard amends 33
significant economic impact on a direct effect on one or more Indian CFR part 165 as follows:
substantial number of small entities. tribes, on the relationship between the
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION
While some owners or operators of
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS
vessels intending to transit the safety
zone may be small entities, for the responsibilities between the Federal
Government and Indian tribes. If you ■ 1. The authority citation for part 165
reasons stated in section V.A above, this continues to read as follows:
rule will not have a significant believe this rule has implications for
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
economic impact on any vessel owner 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
or operator. contact the person listed in the FOR
FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation
Under section 213(a) of the Small No. 0170.1.
above.
Business Regulatory Enforcement ■ 2. Add § 165.T09–0499 to read as
Fairness Act of 1996 (Pub. L. 104–121), E. Unfunded Mandates Reform Act follows:
we want to assist small entities in The Unfunded Mandates Reform Act
understanding this rule. If the rule § 165.T09–0499 Safety Zone; City of Erie
of 1995 (2 U.S.C. 1531–1538) requires Fourth of July Fireworks; Lake Erie, Erie,
would affect your small business, Federal agencies to assess the effects of PA.
organization, or governmental their discretionary regulatory actions. In (a) Location. The safety zone will
jurisdiction and you have questions particular, the Act addresses actions encompass all waters of Lake Erie, Erie,
concerning its provisions or options for that may result in the expenditure by a PA contained within a 280-foot radius
compliance, please contact the person State, local, or tribal government, in the of: 42°08′17.13″ N, 80°05′30.17″ W.
listed in the FOR FURTHER INFORMATION aggregate, or by the private sector of (b) Enforcement period. This
CONTACT section. $100,000,000 (adjusted for inflation) or regulation will be enforced from 9:45
Small businesses may send comments more in any one year. Though this rule p.m. until 10:45 p.m. on July 3, 2018.
on the actions of Federal employees will not result in such an expenditure, (c) Regulations. (1) In accordance with
who enforce, or otherwise determine we do discuss the effects of this rule the general regulations in § 165.23 of
compliance with, Federal regulations to elsewhere in this preamble. this part, entry into, transiting, or
the Small Business and Agriculture F. Environment anchoring within this safety zone is
Regulatory Enforcement Ombudsman prohibited unless authorized by the
and the Regional Small Business We have analyzed this rule under Captain of the Port Buffalo or his
Regulatory Fairness Boards. The Department of Homeland Security designated on-scene representative.
Ombudsman evaluates these actions Directive 023–01 and Commandant (2) This safety zone is closed to all
annually and rates each agency’s Instruction M16475.1D, which guide the vessel traffic, except as may be
responsiveness to small business. If you Coast Guard in complying with the permitted by the Captain of the Port
wish to comment on actions by National Environmental Policy Act of Buffalo or his designated on-scene
1969 (42 U.S.C. 4321–4370f), and have representative.
employees of the Coast Guard, call
determined that this action is one of a (3) The ‘‘on-scene representative’’ of
1–888–REG–FAIR (1–888–734–3247).
category of actions that do not the Captain of the Port Buffalo is any
The Coast Guard will not retaliate
individually or cumulatively have a Coast Guard commissioned, warrant or
against small entities that question or significant effect on the human petty officer who has been designated
complain about this rule or any policy environment. This rule establishes a by the Captain of the Port Buffalo to act
sradovich on DSK3GMQ082PROD with RULES

or action of the Coast Guard. temporary safety zone. It is categorically on his behalf.
C. Collection of Information excluded from further review under (4) Vessel operators desiring to enter
paragraph L60(a) of Appendix A, Table or operate within the safety zone must
This rule will not call for a new 1 of DHS Instruction Manual 023–01– contact the Captain of the Port Buffalo
collection of information under the 001–01, Rev. 01. A Record of or his on-scene representative to obtain
Paperwork Reduction Act of 1995 Environmental Consideration permission to do so. The Captain of the
(44 U.S.C. 3501–3520). supporting this determination is Port Buffalo or his on-scene

VerDate Sep<11>2014 16:05 Jun 25, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1

Document Created: 2018-06-26 00:52:27
Document Modified: 2018-06-26 00:52:27

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		Temporary final rule.
Dates		This rule is effective from 9:45 p.m. until 10:45 p.m. on July 3, 2018.
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 D09-SMB-SECBuffalo- [email protected]
FR Citation		83 FR 29682
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 29682 - Safety Zone; City of Erie Fourth of July Fireworks; Lake Erie, Erie, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 123 (June 26, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard