83 FR 40679 - Safety Zone; Great Lakes Offshore Grand Prix, Lake Erie, Dunkirk, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 159 (August 16, 2018)

Page Range		40679-40681
FR Document		2018-17697

The Coast Guard is establishing a temporary safety zone for navigable waters of Dunkirk Harbor, Lake Erie, Dunkirk, NY. This safety zone is intended to restrict vessels from portions of Dunkirk Harbor during the Great Lakes Offshore Grand Prix. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with this regatta. 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 159 (Thursday, August 16, 2018)

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40679-40681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17697]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0683]
RIN 1625-AA00


Safety Zone; Great Lakes Offshore Grand Prix, Lake Erie, Dunkirk, 
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 of Dunkirk Harbor, Lake Erie, Dunkirk, NY. This safety 
zone is intended to restrict vessels from portions of Dunkirk Harbor 
during the Great Lakes Offshore Grand Prix. This temporary safety zone 
is necessary to protect mariners and vessels from the navigational 
hazards associated with this regatta. 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 10:00 a.m. on August 18, 2018 until 
5:00 p.m. on August 19, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0683 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 LTJG Sean Dolan, Chief of Waterways Management, U.S. 
Coast Guard Sector Buffalo; 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

    On March 22, 2018, Dunkirk Local Development Corporation and 
Dunkirk Festivals notified the Coast Guard that it will conducting a 
professional high speed powerboat race from 10:00 a.m. until 5:00 p.m. 
on August 19, 2018. In response, on July 23, 2018, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled ``Great Lakes 
Offshore Grand Prix; Lake Erie, Dunkirk, NY'' (83 FR 34804, July 23, 
2018). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this event. During the 
comment period that ended August 7, 2018, we received no comments.
    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 the vicinity 
of the planned event.

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 the Great 
Lakes Offshore Grand Prix presents significant risks to the public 
safety and property. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone while the event takes place.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
23, 2018. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 10:00 a.m. until 5:00 p.m. 
on August 19, 2018, with a rain date of August 18, 2018. The safety 
zone will encompass all navigable waters of Lake Erie, Dunkirk, NY 
starting at position 42[deg]29'37.7'' N, 079[deg]21'17.7'' W then 
Northwest to 42[deg]29'45.2'' N, 079[deg]21'28.2'' W then Northeast to 
42[deg]30'15.0'' N, 079[deg]21'20.0'' W then Northeast to 
42[deg]30'39.0'' N, 079[deg]19'46.0'' W then Southeast to 
42[deg]30'09.3'' N, 079[deg]19'03.1'' W. The duration of the zone is 
intended to enhance the safety of vessels and these navigable waters 
before, during, and after the scheduled 10:00 a.m. until 5:00 p.m. boat 
races.
    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

[[Page 40680]]

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. Vessel traffic 
will be able to safely transit around this safety zone, which impacts a 
small designated area of Dunkirk Harbor. The event will also have built 
in times where vessels will be able to transit through the safety zone 
during breaks. Moreover, the Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone, and the rule 
will allow vessels to seek permission to enter the zone.

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 received 00 comments from the Small Business 
Administration on this rulemaking. 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.

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: 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.T09-0683 to read as follows:


Sec.  165.T09-0683  Safety Zone; Great Lakes Offshore Grand Prix; Lake 
Erie, Dunkirk, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie,

[[Page 40681]]

Dunkirk, NY starting at position 42[deg] 29'37.7'' N, 079[deg] 
21'17.7'' W then Northwest to 42[deg] 29'45.2'' N, 079[deg] 21'28.2'' W 
then Northeast to 42[deg] 30'15.0'' N, 079[deg] 21'20.0'' W then 
Northeast to 42[deg]30'39.0'' N, 079[deg] 19'46.0'' W then Southeast to 
42[deg] 30'09.3'' N, 079[deg] 19'03.1'' W.
    (b) Enforcement period. This rule is effective from 10:00 a.m. 
until 5:00 p.m. on August 19, 2018 with a rain date of August 18, 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 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: August 13, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-17697 Filed 8-15-18; 8:45 am]
 BILLING CODE 9110-04-P

40680 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations

based on a number of these statutes and would affect your small business, that may result in the expenditure by a
Executive orders, and we discuss First organization, or governmental State, local, or tribal government, in the
Amendment rights of protestors. jurisdiction and you have questions aggregate, or by the private sector of
concerning its provisions or options for $100,000,000 (adjusted for inflation) or
A. Regulatory Planning and Review
compliance, please contact the person more in any one year. Though this rule
Executive Orders 12866 and 13563 listed in the FOR FURTHER INFORMATION will not result in such an expenditure,
direct agencies to assess the costs and CONTACT section. we do discuss the effects of this rule
benefits of available regulatory Small businesses may send comments elsewhere in this preamble.
alternatives and, if regulation is on the actions of Federal employees
necessary, to select regulatory who enforce, or otherwise determine F. Environment
approaches that maximize net benefits. compliance with, Federal regulations to We have analyzed this rule under
Executive Order 13771 directs agencies the Small Business and Agriculture Department of Homeland Security
to control regulatory costs through a Regulatory Enforcement Ombudsman Directive 023–01 and Commandant
budgeting process. This rule has not and the Regional Small Business Instruction M16475.1D, which guide the
been designated a ‘‘significant Regulatory Fairness Boards. The Coast Guard in complying with the
regulatory action,’’ under Executive Ombudsman evaluates these actions National Environmental Policy Act of
Order 12866. Accordingly, this rule has annually and rates each agency’s 1969 (42 U.S.C. 4321–4370f), and have
not been reviewed by the Office of responsiveness to small business. If you determined that this action is one of a
Management and Budget (OMB), and wish to comment on actions by category of actions that do not
pursuant to OMB guidance it is exempt employees of the Coast Guard, call 1– individually or cumulatively have a
from the requirements of Executive 888–REG–FAIR (1–888–734–3247). The significant effect on the human
Order 13771. Coast Guard will not retaliate against environment. This rule establishes a
This regulatory action determination small entities that question or complain temporary safety zone. It is categorically
is based on the conclusion that this rule about this rule or any policy or action excluded from further review under
is not a significant regulatory action. of the Coast Guard. paragraph L60 (a) of Appendix A, Table
Vessel traffic will be able to safely 1 of DHS Instruction Manual 023–01–
transit around this safety zone, which C. Collection of Information
001–01, Rev. 01. A Record of
impacts a small designated area of This rule will not call for a new Environmental Consideration
Dunkirk Harbor. The event will also collection of information under the supporting this determination is
have built in times where vessels will be Paperwork Reduction Act of 1995 (44 available in the docket where indicated
able to transit through the safety zone U.S.C. 3501–3520). under ADDRESSES.
during breaks. Moreover, the Coast
Guard will issue a Broadcast Notice to D. Federalism and Indian Tribal G. Protest Activities
Mariners via VHF–FM marine channel Governments
The Coast Guard respects the First
16 about the zone, and the rule will A rule has implications for federalism Amendment rights of protesters.
allow vessels to seek permission to enter under Executive Order 13132, Protesters are asked to contact the
the zone. Federalism, if it has a substantial direct person listed in the FOR FURTHER
effect on the States, on the relationship INFORMATION CONTACT section to
B. Impact on Small Entities between the national government and coordinate protest activities so that your
The Regulatory Flexibility Act of the States, or on the distribution of message can be received without
1980, 5 U.S.C. 601–612, as amended, power and responsibilities among the jeopardizing the safety or security of
requires Federal agencies to consider various levels of government. We have people, places or vessels.
the potential impact of regulations on analyzed this rule under that Order and
small entities during rulemaking. The have determined that it is consistent List of Subjects in 33 CFR Part 165
term ‘‘small entities’’ comprises small with the fundamental federalism Harbors, Marine safety, Navigation
businesses, not-for-profit organizations principles and preemption requirements (water), Reporting and recordkeeping
that are independently owned and described in Executive Order 13132. requirements, Security measures,
operated and are not dominant in their Also, this rule does not have tribal Waterways.
fields, and governmental jurisdictions implications under Executive Order For the reasons discussed in the
with populations of less than 50,000. 13175, Consultation and Coordination preamble, the Coast Guard amends 33
The Coast Guard received 00 comments with Indian Tribal Governments, CFR part 165 as follows:
from the Small Business Administration because it does not have a substantial
on this rulemaking. The Coast Guard direct effect on one or more Indian PART 165—REGULATED NAVIGATION
certifies under 5 U.S.C. 605(b) that this tribes, on the relationship between the AREAS AND LIMITED ACCESS AREAS
rule will not have a significant Federal Government and Indian tribes,
economic impact on a substantial or on the distribution of power and ■ 1. The authority citation for part 165
number of small entities. responsibilities between the Federal continues to read as follows:
While some owners or operators of Government and Indian tribes. If you Authority: Authority: 33 U.S.C. 1231; 50
vessels intending to transit the safety believe this rule has implications for U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6,
zone may be small entities, for the federalism or Indian tribes, please and 160.5; Department of Homeland Security
reasons stated in section V.A above, this contact the person listed in the FOR Delegation No. 0170.1.
rule will not have a significant FURTHER INFORMATION CONTACT section. ■ 2. Add § 165.T09–0683 to read as
sradovich on DSK3GMQ082PROD with RULES

economic impact on any vessel owner follows:
or operator. E. Unfunded Mandates Reform Act
Under section 213(a) of the Small The Unfunded Mandates Reform Act § 165.T09–0683 Safety Zone; Great Lakes
Business Regulatory Enforcement of 1995 (2 U.S.C. 1531–1538) requires Offshore Grand Prix; Lake Erie, Dunkirk,
Fairness Act of 1996 (Pub. L. 104–121), Federal agencies to assess the effects of NY.
we want to assist small entities in their discretionary regulatory actions. In (a) Location. The safety zone will
understanding this rule. If the rule particular, the Act addresses actions encompass all waters of Lake Erie,

VerDate Sep<11>2014 15:45 Aug 15, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\16AUR1.SGM 16AUR1

Document Created: 2018-08-16 01:02:48
Document Modified: 2018-08-16 01:02:48

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 10:00 a.m. on August 18, 2018 until 5:00 p.m. on August 19, 2018.
Contact		If you have questions on this rule, call or email LTJG Sean Dolan, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email D09-SMB- [email protected]
FR Citation		83 FR 40679
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 40679 - Safety Zone; Great Lakes Offshore Grand Prix, Lake Erie, Dunkirk, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 159 (August 16, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard