83 FR 29686 - Safety Zone; Wine and Walleye Festival Fireworks; Ashtabula River, Ashtabula, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range		29686-29687
FR Document		2018-13659

The Coast Guard is establishing a temporary safety zone for navigable waters within a 280-foot radius of the launch site at the R.W. Sidley Facility, Ashtabula, OH. This safety zone is intended to restrict vessels from portions of the Ashtabula River during the Wine and Walleye Festival 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 Sector 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 29686-29687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13659]



[[Page 29686]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0468]
RIN 1625-AA00


Safety Zone; Wine and Walleye Festival Fireworks; Ashtabula 
River, Ashtabula, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 280-foot radius of the launch site at the 
R.W. Sidley Facility, Ashtabula, OH. This safety zone is intended to 
restrict vessels from portions of the Ashtabula River during the Wine 
and Walleye Festival 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 Sector Buffalo.

DATES: This rule is effective from 9:45 p.m. until 11:15 p.m. on July 
28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0468 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 Ryan Junod, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, 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 from 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. 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 
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 28, 2018, from 9:45 
p.m. until 11:15 p.m. The safety zone will encompass all waters of the 
Ashtabula River, Ashtabula, OH contained within 280-foot radius of: 
41[deg]54'06'' N, 080[deg]47'49'' 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 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

[[Page 29687]]

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.T09-0468 to read as follows:


Sec.  165.T09-0468   Safety Zone; Wine and Walleye Festival Fireworks; 
Ashtabula River, Ashtabula, OH.

    (a) Location. This zone will encompass all waters of the Ashtabula 
River; Ashtabula, OH contained within a 280-foot radius of: 
41[deg]54'06'' N, 080[deg]47'49'' W.
    (b) Enforcement period. This regulation will be enforced from 9:45 
p.m. until 11:15 p.m. on July 28, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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 shall 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: June 20, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13659 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 29687

understanding this rule. If the rule their discretionary regulatory actions. In § 165.T09–0468 Safety Zone; Wine and
would affect your small business, particular, the Act addresses actions Walleye Festival Fireworks; Ashtabula
organization, or governmental that may result in the expenditure by a River, Ashtabula, OH.
jurisdiction and you have questions State, local, or tribal government, in the (a) Location. This zone will
concerning its provisions or options for aggregate, or by the private sector of encompass all waters of the Ashtabula
compliance, please contact the person $100,000,000 (adjusted for inflation) or River; Ashtabula, OH contained within
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule a 280-foot radius of: 41°54′06″ N,
CONTACT section. will not result in such an expenditure, 080°47′49″ W.
Small businesses may send comments we do discuss the effects of this rule (b) Enforcement period. This
on the actions of Federal employees elsewhere in this preamble. regulation will be enforced from 9:45
who enforce, or otherwise determine p.m. until 11:15 p.m. on July 28, 2018.
compliance with, Federal regulations to F. Environment (c) Regulations. (1) In accordance with
the Small Business and Agriculture the general regulations in § 165.23, entry
Regulatory Enforcement Ombudsman We have analyzed this rule under into, transiting, or anchoring within this
and the Regional Small Business Department of Homeland Security safety zone is prohibited unless
Regulatory Fairness Boards. The Directive 023–01 and Commandant authorized by the Captain of the Port
Ombudsman evaluates these actions Instruction M16475.1D, which guide the Buffalo or his designated on-scene
annually and rates each agency’s Coast Guard in complying with the representative.
responsiveness to small business. If you National Environmental Policy Act of (2) This safety zone is closed to all
wish to comment on actions by 1969 (42 U.S.C. 4321–4370f), and have vessel traffic, except as may be
employees of the Coast Guard, call 1– determined that this action is one of a permitted by the Captain of the Port
888–REG–FAIR (1–888–734–3247). The category of actions that do not Buffalo or his designated on-scene
Coast Guard will not retaliate against individually or cumulatively have a representative.
small entities that question or complain significant effect on the human (3) The ‘‘on-scene representative’’ of
about this rule or any policy or action environment. This rule establishes a the Captain of the Port Buffalo is any
of the Coast Guard. temporary safety zone. It is categorically Coast Guard commissioned, warrant or
excluded from further review under petty officer who has been designated
C. Collection of Information paragraph L60(a) of Appendix A, Table by the Captain of the Port Buffalo to act
This rule will not call for a new 1 of DHS Instruction Manual 023–01– on his behalf.
collection of information under the 001–01, Rev. 01. A Record of (4) Vessel operators desiring to enter
Paperwork Reduction Act of 1995 (44 Environmental Consideration or operate within the safety zone shall
U.S.C. 3501–3520). supporting this determination is contact the Captain of the Port Buffalo
D. Federalism and Indian Tribal available in the docket where indicated or his on-scene representative to obtain
Governments under ADDRESSES. permission to do so. The Captain of the
Port Buffalo or his on-scene
A rule has implications for federalism G. Protest Activities representative may be contacted via
under Executive Order 13132, VHF Channel 16. Vessel operators given
Federalism, if it has a substantial direct The Coast Guard respects the First
Amendment rights of protesters. permission to enter or operate in the
effect on the States, on the relationship safety zone must comply with all
between the national government and Protesters are asked to contact the
person listed in the FOR FURTHER directions given to them by the Captain
the States, or on the distribution of of the Port Buffalo, or his on-scene
power and responsibilities among the INFORMATION CONTACT section to
coordinate protest activities so that your representative.
various levels of government. We have
analyzed this rule under that Order and message can be received without Dated: June 20, 2018.
have determined that it is consistent jeopardizing the safety or security of Joseph S. Dufresne,
with the fundamental federalism people, places or vessels. Captain, U.S. Coast Guard, Captain of the
principles and preemption requirements Port Buffalo.
List of Subjects in 33 CFR Part 165
described in Executive Order 13132. [FR Doc. 2018–13659 Filed 6–25–18; 8:45 am]
Also, this rule does not have tribal Harbors, Marine safety, Navigation BILLING CODE 9110–04–P
implications under Executive Order (water), Reporting and recordkeeping
13175, Consultation and Coordination requirements, Security measures,
with Indian Tribal Governments, Waterways. DEPARTMENT OF HOMELAND
because it does not have a substantial SECURITY
direct effect on one or more Indian For the reasons discussed in the
tribes, on the relationship between the preamble, the Coast Guard amends 33 Coast Guard
Federal Government and Indian tribes, CFR part 165 as follows:
or on the distribution of power and 33 CFR Part 165
responsibilities between the Federal PART 165—REGULATED NAVIGATION
[Docket Number USCG–2018–0331]
Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS
RIN 1625–AA00
believe this rule has implications for
federalism or Indian tribes, please ■ 1. The authority citation for part 165
continues to read as follows: Safety Zone; Lower Mississippi River,
contact the person listed in the FOR New Orleans, LA
sradovich on DSK3GMQ082PROD with RULES

FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; AGENCY: Coast Guard, DHS.
E. Unfunded Mandates Reform Act Department of Homeland Security Delegation ACTION: Temporary final rule.
No. 0170.1.
The Unfunded Mandates Reform Act SUMMARY: The Coast Guard is
of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T09–0468 to read as establishing a temporary safety zone for
Federal agencies to assess the effects of follows: certain navigable waters of the

VerDate Sep<11>2014 16:05 Jun 25, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1

Document Created: 2018-06-26 00:52:49
Document Modified: 2018-06-26 00:52:49

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 11:15 p.m. on July 28, 2018.
Contact		If you have questions on this rule, call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email [email protected]
FR Citation		83 FR 29686
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 29686 - Safety Zone; Wine and Walleye Festival Fireworks; Ashtabula River, Ashtabula, OH

DEPARTMENT OF HOMELAND SECURITYCoast Guard

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

DEPARTMENT OF HOMELAND SECURITY
Coast Guard