83 FR 45049 - Safety Zone; SFODA 9233 Buffalo Operation; Lake Erie, Hamburg, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 172 (September 5, 2018)

Page Range		45049-45051
FR Document		2018-19191

The Coast Guard is establishing a temporary safety zone for navigable waters within a 500-foot radius of the water insertion site located offshore of Hamburg Beach/Town Park, Lake Erie, Hamburg, NY. This safety zone is intended to restrict vessels from portions of Lake Erie during the SFODA 9233 Buffalo Operation. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with this event. 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 172 (Wednesday, September 5, 2018)

[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Rules and Regulations]
[Pages 45049-45051]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19191]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0831]
RIN 1625-AA00


Safety Zone; SFODA 9233 Buffalo Operation; Lake Erie, Hamburg, 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 500-foot radius of the water insertion site 
located offshore of Hamburg Beach/Town Park, Lake Erie, Hamburg, NY. 
This safety zone is intended to restrict vessels from portions of Lake 
Erie during the SFODA 9233 Buffalo Operation. This temporary safety 
zone is necessary to protect mariners and vessels from the navigational 
hazards associated with

[[Page 45050]]

this event. 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 6:00 a.m. until 11:30 p.m. on 
September 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0831 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 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 due to it being impracticable and contrary to 
public interest. The final details of this event were not known to the 
Coast Guard until there was insufficient time remaining before the 
event to publish a NPRM.
    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 enhancing safety of life on the 
navigable waters and protection of persons and vessels in vicinity of 
the SFODA 9233 Buffalo Operation.

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 
helicopter training with swimmers jumping to the water presents 
significant risks to the public safety and property. Such hazards 
include excessive winds from helicopter, rougher than normal waters, 
dangerous projectiles, and falling debris. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the SFODA 9233 Buffalo Operation 
takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone on September 5, 2018, from 6:00 
a.m. until 11:30 p.m. The safety zone will encompass all waters of Lake 
Erie, Hamburg, NY contained within a 500-foot radius of: 
42[deg]46'07.8'' N, 78[deg]52'29.8'' 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.

[[Page 45051]]

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 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.T09-0831 to read as follows:


Sec.  165.T09-0831  Safety Zone; SFODA 9233 Buffalo Operation; Lake 
Erie, Hamburg, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie; Hamburg, NY contained within a 500-foot radius of: 
42[deg]46'07.8'' N, 78[deg]52'29.8'' W.
    (b) Enforcement period. This regulation will be enforced from 6:00 
a.m. until 11:30 p.m. on September 5, 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 30, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-19191 Filed 9-4-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations 45049

C. Collection of Information further review under paragraph L60(d) permission from the COTP or a
This rule will not call for a new of Appendix A, Table 1 of DHS designated representative. They may be
collection of information under the Instruction Manual 023–01–001–01, contacted through Vessel Traffic Service
Paperwork Reduction Act of 1995 (44 Rev. 01. A Record of Environmental (VTS) on channels 65A or 13 VHF–FM,
U.S.C. 3501–3520). Consideration supporting this or by telephone at (409) 719–5070.
determination is available in the docket (3) Permission to transit through the
D. Federalism and Indian Tribal where indicated under ADDRESSES. bridge will be based on weather, tide
Governments and current conditions, vessel size,
G. Protest Activities
A rule has implications for federalism horsepower, and availability of assist
under Executive Order 13132, The Coast Guard respects the First vessels. All persons and vessels
Federalism, if it has a substantial direct Amendment rights of protesters. permitted to enter this temporary safety
effect on the States, on the relationship Protesters are asked to contact the zone shall comply with the lawful
between the national government and person listed in the FOR FURTHER orders or directions given to them by
the States, or on the distribution of INFORMATION CONTACT section to COTP or a designated representative.
power and responsibilities among the coordinate protest activities so that your (4) Intentional or unintentional
various levels of government. We have message can be received without contact with any part of the bridge or
analyzed this rule under that Order and jeopardizing the safety or security of associated structure, including
have determined that it is consistent people, places or vessels. fendering systems, support columns,
with the fundamental federalism spans or any other portion of the bridge,
List of Subjects in 33 CFR Part 165
principles and preemption requirements is strictly prohibited. Report any contact
described in Executive Order 13132. Harbors, Marine safety, Navigation with the bridge or associated structures
Also, this rule does not have tribal (water), Reporting and recordkeeping immediately to VTS Port Arthur on
implications under Executive Order requirements, Security measures, channels 65A, 13 or 16 VHF–FM or by
13175, Consultation and Coordination Waterways. telephone at (409) 719–5070.
with Indian Tribal Governments, For the reasons discussed in the (d) Informational broadcasts. The
because it does not have a substantial preamble, the Coast Guard amends 33 Coast Guard will inform the public
direct effect on one or more Indian CFR part 165 as follows: through public of the effective period of
tribes, on the relationship between the this safety zone through VTS
Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION Advisories, Broadcast Notices to
or on the distribution of power and AREAS AND LIMITED ACCESS AREAS Mariners (BNMs), Local Notice to
responsibilities between the Federal Mariners (LNMs), and/or Marine Safety
Government and Indian tribes. If you ■ 1. The authority citation for part 165 Information Bulletins (MSIBs) as
believe this rule has implications for continues to read as follows: appropriate.
federalism or Indian tribes, please Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Dated: August 29, 2018.
contact the person listed in the FOR 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation Jacqueline Twomey,
FURTHER INFORMATION CONTACT section.
No. 0170.1. Captain, U.S. Coast Guard, Captain of the
E. Unfunded Mandates Reform Act ■ 2. Revise § 165.T08–0376 to read as Port Marine Safety Unit Port Arthur.
The Unfunded Mandates Reform Act follows: [FR Doc. 2018–19193 Filed 9–4–18; 8:45 am]
of 1995 (2 U.S.C. 1531–1538) requires BILLING CODE 9110–04–P
Federal agencies to assess the effects of § 165.T08–0376 Safety Zone; Neches
their discretionary regulatory actions. In River, Beaumont, TX.
particular, the Act addresses actions (a) Location. The following area is a DEPARTMENT OF HOMELAND
that may result in the expenditure by a safety zone: All navigable waters SECURITY
State, local, or tribal government, in the extending 500 feet on either side of the
aggregate, or by the private sector of Kansas City Southern Railroad Bridge Coast Guard
$100,000,000 (adjusted for inflation) or that crosses the Neches River in
more in any one year. Though this rule Beaumont, TX in approximate location 33 CFR Part 165
will not result in such an expenditure, 30°04′54.8″ N 094°05′29.4″ W. [Docket Number USCG–2018–0831]
we do discuss the effects of this rule (b) Effective period. This rule is
effective without actual notice from RIN 1625–AA00
elsewhere in this preamble.
September 5, 2018 until January 31,
F. Environment Safety Zone; SFODA 9233 Buffalo
2019 or until missing and/or damaged
We have analyzed this rule under Operation; Lake Erie, Hamburg, NY
fendering systems are repaired or
Department of Homeland Security replaced, whichever occurs first. For the AGENCY: Coast Guard, DHS.
Directive 023–01 and Commandant purposes of enforcement, actual notice ACTION: Temporary final rule.
Instruction M16475.1D, which guide the will be used from September 1, 2018
Coast Guard in complying with the until September 5, 2018. SUMMARY: The Coast Guard is
National Environmental Policy Act of (c) Regulations. (1) No vessel may establishing a temporary safety zone for
1969 (42 U.S.C. 4321–4370f), and have enter or remain in the safety zone navigable waters within a 500-foot
determined that this action is one of a except: radius of the water insertion site located
category of actions that do not (i) A vessel less than 65 feet in length offshore of Hamburg Beach/Town Park,
individually or cumulatively have a Lake Erie, Hamburg, NY. This safety
daltland on DSKBBV9HB2PROD with RULES

and not engaged in towing; or
significant effect on the human (ii) A vessel authorized by the Captain zone is intended to restrict vessels from
environment. This rule involves a safety of the Port Marine Safety Unit Port portions of Lake Erie during the SFODA
zone that will prohibit entry within 500- Arthur (COTP) or a designated 9233 Buffalo Operation. This temporary
feet of either side of the KCS Bridge that representative. safety zone is necessary to protect
crosses the Neches River in Beaumont, (2) Persons and vessels not permitted mariners and vessels from the
TX. It is categorically excluded from to enter the safety zone must request navigational hazards associated with

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Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Rules and Regulations 45051

C. Collection of Information F. Environment ■ 2. Add § 165.T09–0831 to read as
This rule will not call for a new follows:
We have analyzed this rule under
collection of information under the Department of Homeland Security § 165.T09–0831 Safety Zone; SFODA 9233
Paperwork Reduction Act of 1995 (44 Directive 023–01 and Commandant Buffalo Operation; Lake Erie, Hamburg, NY.
U.S.C. 3501–3520). Instruction M16475.1D, which guide the (a) Location. The safety zone will
D. Federalism and Indian Tribal Coast Guard in complying with the encompass all waters of Lake Erie;
Governments National Environmental Policy Act of Hamburg, NY contained within a 500-
1969 (42 U.S.C. 4321–4370f), and have foot radius of: 42°46′07.8″ N,
A rule has implications for federalism
determined that this action is one of a 78°52′29.8″ W.
under Executive Order 13132,
category of actions that do not (b) Enforcement period. This
Federalism, if it has a substantial direct
individually or cumulatively have a regulation will be enforced from 6:00
effect on the States, on the relationship
significant effect on the human a.m. until 11:30 p.m. on September 5,
between the national government and
environment. This rule establishes a 2018.
the States, or on the distribution of
safety zone. It is categorically excluded (c) Regulations. (1) In accordance with
power and responsibilities among the
from further review under paragraph the general regulations in § 165.23, entry
various levels of government. We have
L60(a) of Appendix A, Table 1 of DHS into, transiting, or anchoring within this
analyzed this rule under that Order and
Instruction Manual 023–01–001–01, safety zone is prohibited unless
have determined that it is consistent
Rev. 01. A Record of Environmental authorized by the Captain of the Port
with the fundamental federalism
Consideration supporting this Buffalo or his designated on-scene
principles and preemption requirements
determination is available in the docket representative.
described in Executive Order 13132.
Also, this rule does not have tribal where indicated under ADDRESSES.
(2) This safety zone is closed to all
implications under Executive Order G. Protest Activities vessel traffic, except as may be
13175, Consultation and Coordination permitted by the Captain of the Port
with Indian Tribal Governments, The Coast Guard respects the First Buffalo or his designated on-scene
because it does not have a substantial Amendment rights of protesters. representative.
direct effect on one or more Indian Protesters are asked to contact the
(3) The ‘‘on-scene representative’’ of
tribes, on the relationship between the person listed in the FOR FURTHER
the Captain of the Port Buffalo is any
INFORMATION CONTACT section to
Federal Government and Indian tribes, Coast Guard commissioned, warrant or
or on the distribution of power and coordinate protest activities so that your
petty officer who has been designated
responsibilities between the Federal message can be received without
by the Captain of the Port Buffalo to act
Government and Indian tribes. If you jeopardizing the safety or security of
on his behalf.
believe this rule has implications for people, places or vessels.
(4) Vessel operators desiring to enter
federalism or Indian tribes, please List of Subjects in 33 CFR Part 165 or operate within the safety zone must
contact the person listed in the FOR contact the Captain of the Port Buffalo
FURTHER INFORMATION CONTACT section Harbors, Marine safety, Navigation
or his on-scene representative to obtain
above. (water), Reporting and recordkeeping
permission to do so. The Captain of the
requirements, Security measures,
E. Unfunded Mandates Reform Act Port Buffalo or his on-scene
Waterways.
representative may be contacted via
The Unfunded Mandates Reform Act For the reasons discussed in the VHF Channel 16. Vessel operators given
of 1995 (2 U.S.C. 1531–1538) requires preamble, the Coast Guard amends 33 permission to enter or operate in the
Federal agencies to assess the effects of CFR part 165 as follows: safety zone must comply with all
their discretionary regulatory actions. In directions given to them by the Captain
particular, the Act addresses actions PART 165—REGULATED NAVIGATION of the Port Buffalo, or his on-scene
that may result in the expenditure by a AREAS AND LIMITED ACCESS AREAS representative.
State, local, or tribal government, in the
aggregate, or by the private sector of ■ 1. The authority citation for part 165 Dated: August 30, 2018.
$100,000,000 (adjusted for inflation) or continues to read as follows: Kenneth E. Blair,
more in any one year. Though this rule Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Commander, U.S. Coast Guard, Acting
will not result in such an expenditure, 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Captain of the Port Buffalo.
we do discuss the effects of this rule Department of Homeland Security Delegation [FR Doc. 2018–19191 Filed 9–4–18; 8:45 am]
elsewhere in this preamble. No. 0170.1. BILLING CODE 9110–04–P
daltland on DSKBBV9HB2PROD with RULES

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Document Created: 2018-09-05 01:59:11
Document Modified: 2018-09-05 01:59:11

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 6:00 a.m. until 11:30 p.m. on September 5, 2018.
Contact		If you have questions on this rule, call or email LTJG Sean Dolan, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo- [email protected]
FR Citation		83 FR 45049
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 45049 - Safety Zone; SFODA 9233 Buffalo Operation; Lake Erie, Hamburg, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 172 (September 5, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard