83 FR 30044 - Safety Zone; Town of Hamburg July 3rd Party, Lake Erie, Blasdell, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range		30044-30046
FR Document		2018-13743

The Coast Guard is establishing a temporary safety zone for navigable waters within a 420-foot radius of the launch site located at Woodlawn Beach, Lake Erie, Blasdell, NY. This safety zone is intended to restrict vessels from portions of Lake Erie during Town of Hamburg July 3rd Party. 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 124 (Wednesday, June 27, 2018)

[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30044-30046]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13743]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0595]
RIN 1625-AA00


Safety Zone; Town of Hamburg July 3rd Party, Lake Erie, Blasdell, 
NY

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 420-foot radius of the launch site located at 
Woodlawn Beach, Lake Erie, Blasdell, NY. This safety zone is intended 
to restrict vessels from portions of Lake Erie during Town of Hamburg 
July 3rd Party. 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-
2018-0595 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 ensuring 
safety of life on the navigable waters and protection of persons and 
vessels in vicinity of the fireworks display.

[[Page 30045]]

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 the 
Woodlawn Beach; Lake Erie, Blasdell, NY contained within 420-foot 
radius of: 42[deg]47'27.34'' N, 078[deg]51'19.67'' 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 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

[[Page 30046]]

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.T09-0595 to read as follows:


Sec.  165.T09-0595   Safety Zone; Town of Hamburg July 3rd Party, Lake 
Erie, Blasdell, NY.

    (a) Location. The safety zone will encompass all waters of the 
Woodlawn Beach; Lake Erie, Blasdell, NY contained within a 420-foot 
radius of: 42[deg]47'27.34'' N, 078[deg]51'19.67'' 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 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 21, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13743 Filed 6-26-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 30045

III. Legal Authority and Need for Rule relatively small and enforced for a Paperwork Reduction Act of 1995 (44
The Coast Guard is issuing this rule relatively short time. Also, the safety U.S.C. 3501–3520).
under authority in 33 U.S.C. 1231. The zone has been designed to allow vessels
D. Federalism and Indian Tribal
Captain of the Port Buffalo (COTP) has to transit around it. Thus, restrictions on
Governments
determined that a fireworks display vessel movement within that particular
area are expected to be minimal. Under A rule has implications for federalism
presents significant risks to the public
certain conditions, moreover, vessels under Executive Order 13132,
safety and property. Such hazards
may still transit through the safety zone Federalism, if it has a substantial direct
include premature and accidental
when permitted by the Captain of the effect on the States, on the relationship
detonations, dangerous projectiles, and
Port. between the national government and
falling or burning debris. This rule is
the States, or on the distribution of
needed to protect personnel, vessels, B. Impact on Small Entities power and responsibilities among the
and the marine environment in the
The Regulatory Flexibility Act of various levels of government. We have
navigable waters within the safety zone
1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and
while the fireworks display takes place.
requires Federal agencies to consider have determined that it is consistent
IV. Discussion of the Rule the potential impact of regulations on with the fundamental federalism
This rule establishes a safety zone on small entities during rulemaking. The principles and preemption requirements
July 3, 2018, from 9:45 p.m. until 10:45 term ‘‘small entities’’ comprises small described in Executive Order 13132.
p.m. The safety zone will encompass all businesses, not-for-profit organizations Also, this rule does not have tribal
waters of the Woodlawn Beach; Lake that are independently owned and implications under Executive Order
Erie, Blasdell, NY contained within 420- operated and are not dominant in their 13175, Consultation and Coordination
foot radius of: 42°47′27.34″ N, fields, and governmental jurisdictions with Indian Tribal Governments,
078°51′19.67″ W. with populations of less than 50,000. because it does not have a substantial
Entry into, transiting, or anchoring The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian
within the safety zone is prohibited 605(b) that this rule will not have a tribes, on the relationship between the
unless authorized by the Captain of the significant economic impact on a Federal Government and Indian tribes,
Port Buffalo or his designated on-scene substantial number of small entities. or on the distribution of power and
representative. The Captain of the Port responsibilities between the Federal
While some owners or operators of
or his designated on-scene Government and Indian tribes. If you
vessels intending to transit the safety
representative may be contacted via believe this rule has implications for
zone may be small entities, for the
VHF Channel 16. federalism or Indian tribes, please
reasons stated in section V.A above, this
contact the person listed in the FOR
V. Regulatory Analyses rule will not have a significant
FURTHER INFORMATION CONTACT section
economic impact on any vessel owner
We developed this rule after above.
or operator.
considering numerous statutes and
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
Executive orders related to rulemaking.
Below we summarize our analyses Business Regulatory Enforcement The Unfunded Mandates Reform Act
based on a number of these statutes and Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
Executive orders, and we discuss First we want to assist small entities in Federal agencies to assess the effects of
Amendment rights of protestors. understanding this rule. If the rule their discretionary regulatory actions. In
would affect your small business, particular, the Act addresses actions
A. Regulatory Planning and Review organization, or governmental that may result in the expenditure by a
Executive Orders 12866 and 13563 jurisdiction and you have questions State, local, or tribal government, in the
direct agencies to assess the costs and concerning its provisions or options for aggregate, or by the private sector of
benefits of available regulatory compliance, please contact the person $100,000,000 (adjusted for inflation) or
alternatives and, if regulation is listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
necessary, to select regulatory CONTACT section. will not result in such an expenditure,
approaches that maximize net benefits. Small businesses may send comments we do discuss the effects of this rule
Executive Order 13771 directs agencies on the actions of Federal employees elsewhere in this preamble.
to control regulatory costs through a who enforce, or otherwise determine
budgeting process. This rule has not compliance with, Federal regulations to F. Environment
been designated a ‘‘significant the Small Business and Agriculture We have analyzed this rule under
regulatory action,’’ under Executive Regulatory Enforcement Ombudsman Department of Homeland Security
Order 12866. Accordingly, this rule has and the Regional Small Business Directive 023–01 and Commandant
not been reviewed by the Office of Regulatory Fairness Boards. The Instruction M16475.1D, which guide the
Management and Budget (OMB), and Ombudsman evaluates these actions Coast Guard in complying with the
pursuant to OMB guidance it is exempt annually and rates each agency’s National Environmental Policy Act of
from the requirements of Executive responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have
Order 13771. wish to comment on actions by determined that this action is one of a
This regulatory action determination employees of the Coast Guard, call 1– category of actions that do not
is based on the conclusion that this rule 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a
is not a significant regulatory action. We Coast Guard will not retaliate against significant effect on the human
nshattuck on DSK9F9SC42PROD with RULES

anticipate that it will have minimal small entities that question or complain environment. This rule establishes a
impact on the economy, will not about this rule or any policy or action temporary safety zone. It is categorically
interfere with other agencies, will not of the Coast Guard. excluded from further review under
adversely alter the budget of any grant paragraph L60(a) of Appendix A, Table
C. Collection of Information
or loan recipients, and will not raise any 1 of DHS Instruction Manual 023–01–
novel legal or policy issues. The safety This rule will not call for a new 001–01, Rev. 01. A Record of
zone created by this rule will be collection of information under the Environmental Consideration

VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1

Document Created: 2018-11-06 09:52:39
Document Modified: 2018-11-06 09:52:39

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 30044
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 30044 - Safety Zone; Town of Hamburg July 3rd Party, Lake Erie, Blasdell, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 124 (June 27, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard