83 FR 45339 - Special Local Regulation; Upper Mississippi River, St. Paul, MN
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 174 (September 7, 2018)
Coast Guard
Federal Register Volume 83, Issue 174 (September 7, 2018)
| Page Range | 45339-45342 | |
| FR Document | 2018-19448 |
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)] [Rules and Regulations] [Pages 45339-45342] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19448] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2018-0821] RIN 1625-AA08 Special Local Regulation; Upper Mississippi River, St. Paul, MN AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary special local regulation for the navigable waters of the Upper Mississippi River from Mile Marker (MM) 846 to MM 847. The special local regulation is necessary to protect event participants, spectators, and vessels transiting the area from potential hazards during the WCCO-TV Pulling Together marine event. Entry of vessels or persons into the regulated area is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River or a designated representative. DATES: This rule is effective from 10 a.m. through 5 p.m. on September 8, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0821 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 Chief Petty Officer Joshua Wilson, Sector Upper Mississippi River, Waterways Management Division, U.S. Coast Guard; telephone 314-269-2548, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Upper Mississippi River DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking [[Page 45340]] 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)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it would be impracticable. This rule must be established by September 8, 2018 and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. The NPRM process would delay the establishment of the temporary special local regulation until after the scheduled date of the event, which would compromise public safety. 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 of this rule would be contrary to the public interest because immediate action is necessary to ensure the safety of event participants, and persons and vessels transiting the regulated area. 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 Sector Upper Mississippi River (COTP) has determined that there are potential hazards associated with the WCCO-TV Pulling Together event consisting of a tug of war competition between teams on opposing banks of the Upper Mississippi River between Mile Marker (MM) 846 and MM 847. This event will span the entire width of the river, potentially causing an extra or unusual hazard to the safety of life on the navigable waters of the United States. This rule is necessary to protect event participants, and persons and vessels transiting the regulated area during the event. IV. Discussion of the Rule This rule establishes a temporary special local regulation during the WCCO-TV Pulling Together event from 10 a.m. until 5 p.m. on September 8, 2018, or until cancelled by the COTP, whichever occurs first. The regulated area will cover all navigable waters of the Upper Mississippi River from MM 846 to MM 847. This special local regulation is intended to protect the public from potential navigation hazards during the event. No person or vessel is permitted to enter the regulated area without obtaining permission from the COTP or a designated representative. A designated representative may be a Patrol Commander (PATCOM). If established, the PATCOM may be contacted on VHF- FM Channel 16 by using the call sign ``PATCOM''. The COTP or designated representative may be contacted by phone at 314-269-2332 or VHF-FM Channel 16. All persons and vessels not registered with the event sponsor as sponsors or official patrol vessels are considered ``spectators''. The ``official patrol vessels'' consist of any Coast Guard, State and local law enforcement, and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. Spectator vessels desiring to enter, transit through or within, or exit the regulated area may do so only with permission from the COTP or a designated representative and, when permitted by the COTP or a designated representative, must operate at a minimum safe navigation speed in a manner which will not endanger event participants or other persons or vessels within the regulated area. No spectator vessel shall anchor, block, loiter, or impede the through transit of event participant or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. The COTP or designated representative may forbid and control the movement of any and all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, a citation for failure to comply, or both. The COTP or designated representative may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. The COTP or a designated representative will terminate the enforcement of the temporary special local regulation at the conclusion of the event. The COTP or a designated representative will inform the public of the enforcement times and the establishment of a PATCOM for this regulated area through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Safety Marine Information Bulletins (SMIBs), as appropriate. 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 13563 (``Improving Regulation and Regulatory Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (``Reducing Regulation and Controlling Regulatory Costs'') directs agencies to reduce regulation and control regulatory costs and provides that ``for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' The Office of Management and Budget (OMB) has not designated this rule a ``significant regulatory action,'' under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum ``Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs' '' (April 5, 2017).This regulatory action determination is based on the size, location, and duration for the temporary special local regulation. The regulated area will be enforced on a one-mile stretch of the Upper Mississippi River for a period of up to seven hours on one day. Vessel traffic may request to transit the regulated area by contacting the COTP or a designated representative. Moreover, the COTP or a [[Page 45341]] designated representative will publish details of the regulated area in LNMs and will issue BNMs via VHF-FM Channel 16 to allow waterways users to plan accordingly. 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 regulated area 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 involves the establishment of a temporary special local regulation that will restrict access on a one-mile stretch of the Upper Mississippi River for seven hours on one day. It is categorically excluded from further review under paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. Because this rulemaking is to establish a temporary special local regulation for a permitted marine event that is not located in, proximate to, or above an area designated environmentally sensitive by an environmental agency of the Federal, State, or local government a Record of Environmental Consideration (REC) is not required. Should any detail of this rule change to such an extent that will require a REC, a REC will be available in the docket 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 100 Maritime safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233; 33 CFR 1.05-1. 0 2. Add Sec. 100.T08-0821 to read as follows: Sec. 100.T08-0821 Special Local Regulation; Upper Mississippi River, St. Paul, MN. (a) Location. A temporary special local regulation is established for the following area: all navigable waters of the Upper Mississippi River from Mile Marker (MM) 846 to MM 847, extending the entire width of the river. (b) Effective period. This section will be enforced from 10 a.m. through 5 p.m. on September 8, 2018, or until cancelled by the COTP, whichever occurs first (c) Regulations. (1) In accordance with the general regulations in Sec. 100.35 of this part, entry of vessels or persons into this regulated area is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Upper Mississippi River. A designated representative may be a [[Page 45342]] Patrol Commander (PATCOM). If established, the PATCOM may be contacted on VHF-FM Channel 16 by using the call sign ``PATCOM''. The COTP or designated representative may be contacted by phone at 314-269-2332 or VHF-FM Channel 16. (2) All persons and vessels not registered with the event sponsor as sponsors or official patrol vessels are considered ``spectators''. The ``official patrol vessels'' consist of any Coast Guard, State and local law enforcement, and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. (3) Spectator vessels desiring to enter, transit through or within, or exit the regulated area may do so only with permission from the COTP or a designated representative and, when permitted by the COTP or a designated representative, must operate at a minimum safe navigation speed in a manner which will not endanger event participants or other persons or vessels within the regulated area. (4) No spectator vessel shall anchor, block, loiter, or impede the through transit of event participant or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. (5) Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. (6) The COTP or designated representative may forbid and control the movement of any and all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, a citation for failure to comply, or both. (7) The COTP or designated representative may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. The COTP or a designated representative will terminate the enforcement of the temporary special local regulation at the conclusion of the event. (d) Informational broadcasts. The COTP or a designated representative will inform the public of the enforcement times and the establishment of a PATCOM for this regulated area through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Safety Marine Information Bulletins (SMIBs) as appropriate. Dated: September 4, 2018 R.M. Scott, Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper Mississippi River. [FR Doc. 2018-19448 Filed 9-6-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45339
and effective September 15, 2017. FAA accordance with FAA Order 1050.1F, radials; to Bible Grove. From Champaign, IL;
Order 7400.11B is publicly available as Environmental Impacts: Policies and Roberts, IL; to Joliet, IL.
listed in the ADDRESSES section of this Procedures, paragraph 5-6.5a, which Issued in Washington, DC, on August 29,
document. FAA Order 7400.11B lists categorically excludes from further 2018.
Class A, B, C, D, and E airspace areas, environmental impact review Scott M. Rosenbloom,
air traffic service routes, and reporting rulemaking actions that designate or Acting Manager, Airspace Policy Group.
points. modify classes of airspace areas, [FR Doc. 2018–19347 Filed 9–6–18; 8:45 am]
The Rule airways, routes, and reporting points BILLING CODE 4910–13–P
(see 14 CFR part 71, Designation of
The FAA is amending Title 14, Code Class A, B, C, D, and E Airspace Areas;
of Federal Regulations (14 CFR) part 71 Air Traffic Service Routes; and
by modifying the descriptions of VOR Reporting Points). As such, this action DEPARTMENT OF HOMELAND
Federal airways V–72 and V–429 due to is not expected to result in any SECURITY
the planned decommissioning of the potentially significant environmental
Mattoon, IL, VOR. The VOR Federal Coast Guard
impacts. In accordance with FAA Order
airway changes are described below. 1050.1F, paragraph 5-2 regarding
V–72: V–72 extends between the 33 CFR Part 100
Extraordinary Circumstances, the FAA
Razorback, AR, VOR/Tactical Air has reviewed this action for factors and [Docket Number USCG–2018–0821]
Navigation (VORTAC) and the circumstances in which a normally
Bloomington, IL, VOR/DME. The airway RIN 1625–AA08
categorically excluded action may have
segment between the Bible Grove, IL, a significant environmental impact
VORTAC and the Bloomington, IL, Special Local Regulation; Upper
requiring further analysis. The FAA has Mississippi River, St. Paul, MN
VOR/DME is removed. The unaffected determined that no extraordinary
portions of the existing airway remain circumstances exist that warrant AGENCY: Coast Guard, DHS.
as charted. preparation of an environmental ACTION: Temporary final rule.
V–429: V–429 extends between the assessment or environmental impact
Cape Girardeau, MO, VOR/DME and the study. SUMMARY: The Coast Guard is
Joliet, IL, VORTAC. The airway segment establishing a temporary special local
between the Bible Grove, IL, VORTAC List of Subjects in 14 CFR Part 71 regulation for the navigable waters of
and the Champaign, IL, VORTAC is Airspace, Incorporation by reference, the Upper Mississippi River from Mile
removed. The unaffected portions of the Navigation (air). Marker (MM) 846 to MM 847. The
existing airway remain as charted. special local regulation is necessary to
All radials in the route descriptions The Amendment protect event participants, spectators,
below are unchanged and stated in True In consideration of the foregoing, the and vessels transiting the area from
degrees. Federal Aviation Administration potential hazards during the WCCO–TV
Regulatory Notices and Analyses amends 14 CFR part 71 as follows: Pulling Together marine event. Entry of
vessels or persons into the regulated
The FAA has determined that this PART 71—DESIGNATION OF CLASS A, area is prohibited unless specifically
regulation only involves an established B, C, D, AND E AIRSPACE AREAS; AIR authorized by the Captain of the Port
body of technical regulations for which TRAFFIC SERVICE ROUTES; AND Sector Upper Mississippi River or a
frequent and routine amendments are REPORTING POINTS designated representative.
necessary to keep them operationally
■ 1. The authority citation for part 71 DATES: This rule is effective from 10
current. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under continues to read as follows: a.m. through 5 p.m. on September 8,
Executive Order 12866; (2) is not a 2018.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
‘‘significant rule’’ under Department of 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ADDRESSES: To view documents
Transportation (DOT) Regulatory 1959–1963 Comp., p. 389. mentioned in this preamble as being
Policies and Procedures (44 FR 11034; available in the docket, go to http://
February 26, 1979); and (3) does not § 71.1 [Amended] www.regulations.gov, type USCG–2018–
warrant preparation of a regulatory ■ 2. The incorporation by reference in 0821 in the ‘‘SEARCH’’ box and click
evaluation as the anticipated impact is 14 CFR 71.1 of FAA Order 7400.11B, ‘‘SEARCH.’’ Click on Open Docket
so minimal. Since this is a routine Airspace Designations and Reporting Folder on the line associated with this
matter that only affects air traffic Points, dated August 3, 2017 and rule.
procedures and air navigation, it is effective September 15, 2017, is FOR FURTHER INFORMATION CONTACT: If
certified that this rule, when amended as follows: you have questions on this rule, call or
promulgated, does not have a significant email Chief Petty Officer Joshua Wilson,
economic impact on a substantial Paragraph 6010(a) Domestic VOR Federal
Airways.
Sector Upper Mississippi River,
number of small entities under the Waterways Management Division, U.S.
criteria of the Regulatory Flexibility Act. * * * * * Coast Guard; telephone 314–269–2548,
Environmental Review V–72 [Amended] email Joshua.A.Wilson@uscg.mil.
From Razorback, AR; Dogwood, MO; INT SUPPLEMENTARY INFORMATION:
The FAA has determined that this
Dogwood 058° and Maples, MO, 236° radials;
action of modifying VOR Federal
daltland on DSKBBV9HB2PROD with RULES
Maples; Farmington, MO; Centralia, IL; to I. Table of Abbreviations
airways V–72 and V–429 in the vicinity Bible Grove, IL. CFR Code of Federal Regulations
of Mattoon and Charleston, IL, qualifies COTP Captain of the Port Sector Upper
* * * * *
for categorical exclusion under the Mississippi River
National Environmental Policy Act, 42 V–429 [Amended] DHS Department of Homeland Security
U.S.C. 4321, and its implementing From Cape Girardeau, MO; Marion, IL; INT FR Federal Register
regulations at 40 CFR part 1500, and in Marion 011° and Bible Grove, IL, 207° NPRM Notice of proposed rulemaking
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![45342 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations
Patrol Commander (PATCOM). If Dated: September 4, 2018 II. Background Information and
established, the PATCOM may be R.M. Scott, Regulatory History
contacted on VHF–FM Channel 16 by Commander, U.S. Coast Guard, Acting The Coast Guard is issuing this
using the call sign ‘‘PATCOM’’. The Captain of the Port Sector Upper Mississippi
temporary rule without prior notice and
COTP or designated representative may River.
opportunity to comment pursuant to
be contacted by phone at 314–269–2332 [FR Doc. 2018–19448 Filed 9–6–18; 8:45 am]
authority under section 4(a) of the
or VHF–FM Channel 16. BILLING CODE 9110–04–P Administrative Procedure Act (APA) (5
(2) All persons and vessels not U.S.C. 553(b)). This provision
registered with the event sponsor as authorizes an agency to issue a rule
sponsors or official patrol vessels are DEPARTMENT OF HOMELAND
without prior notice and opportunity to
considered ‘‘spectators’’. The ‘‘official SECURITY
comment when the agency for good
patrol vessels’’ consist of any Coast cause find that those procedures are
Guard, State and local law enforcement, Coast Guard
‘‘impracticable, unnecessary, or contrary
and sponsor provided vessels assigned to public interest.’’ Under 5 U.S.C. 553
or approved by the COTP to patrol the 33 CFR Part 165
(b)(B), the Coast Guard finds that good
regulated area. [Docket Number USCG–2018–0814] cause exists for not publishing a notice
(3) Spectator vessels desiring to enter, of proposed rulemaking (NPRM) with
transit through or within, or exit the RIN 1625-AA00 respect to this rule because the event
regulated area may do so only with sponsor did not submit notice to the
permission from the COTP or a Safety Zone; Perch and Pilsner Coast Guard with sufficient time
designated representative and, when Fireworks; Lake Erie, Conneaut, OH remaining before the event to publish an
permitted by the COTP or a designated NPRM. Thus, delaying the effective date
AGENCY: Coast Guard, DHS.
representative, must operate at a of this rule to wait for a comment period
minimum safe navigation speed in a ACTION: Temporary final rule. to run would be contrary to the public
manner which will not endanger event interest by inhibiting the Coast Guard’s
SUMMARY: The Coast Guard is
participants or other persons or vessels ability to protect spectators and vessels
establishing a temporary safety zone for
within the regulated area. from the hazards associated with a
navigable waters within a 210-foot
(4) No spectator vessel shall anchor, radius of the fireworks launch site at maritime fireworks display.
block, loiter, or impede the through 500 Erie Street, Conneaut, OH. This Under 5 U.S.C. 553 (d)(3), the Coast
transit of event participant or official safety zone is needed to restrict vessels Guard finds that good cause exists for
patrol vessels in the regulated area from a portion of Lake Erie during the making this temporary rule effective less
during the effective dates and times, Perch and Pilsner Festival fireworks than 30 days after publication in the
unless cleared for entry by or through an display. This temporary safety zone is Federal Register because doing so
official patrol vessel. necessary to protect personnel, vessels, would be impracticable and contrary to
(5) Any spectator vessel may anchor and the marine environment from the the public interest. Delaying the
outside the regulated area, but may not potential hazards associated with a effective date would be contrary to the
anchor in, block, or loiter in a navigable fireworks display. Entry of vessels or rule’s objectives of ensuring safety of
channel. persons into this zone is prohibited life on the navigable waters and
unless specifically authorized by the protection of persons and vessels near
(6) The COTP or designated
Captain of the Port Sector Buffalo. the maritime fireworks display.
representative may forbid and control
the movement of any and all vessels in DATES: This rule is effective from 8:15 III. Legal Authority and Need for Rule
the regulated area. When hailed or p.m. until 9:00 p.m. on September 8, The Coast Guard is issuing this rule
signaled by an official patrol vessel, a 2018. under authority in 33 U.S.C. 1231. The
vessel shall come to an immediate stop Captain of the Port Buffalo, NY (COTP)
ADDRESSES: To view documents
and comply with the directions given. has determined that potential hazards
mentioned in this preamble as being
Failure to do so may result in expulsion associated with vessels in the vicinity of
available in the docket, go to http://
from the area, a citation for failure to firework displays on September 8, 2018
www.regulations.gov, type USCG–2018–
comply, or both. will be a safety concern for vessels and
0814 in the ‘‘SEARCH’’ box and click
(7) The COTP or designated ‘‘SEARCH.’’ Click on Open Docket spectators within a 210 foot radius of
representative may terminate the event Folder on the line associated with this the launch point of the fireworks. This
or the operation of any vessel at any rule. rule is needed to protect personnel,
time it is deemed necessary for the vessels, and the marine environment in
FOR FURTHER INFORMATION CONTACT: If
protection of life or property. The COTP the navigable waters within the safety
or a designated representative will you have questions on this rule, call or
email LT Ryan Junod, Chief of zone while the fireworks display is
terminate the enforcement of the happening.
temporary special local regulation at the Waterways Management, U.S. Coast
conclusion of the event. Guard Marine Safety Unit Cleveland; IV. Discussion of the Rule
telephone 216–937–0124, email
(d) Informational broadcasts. The Ryan.S.Junod@uscg.mil. This rule establishes a safety zone
COTP or a designated representative from 8:15 p.m. through 9:00 p.m. on
SUPPLEMENTARY INFORMATION:
will inform the public of the September 8, 2018. The safety zone will
enforcement times and the cover all navigable waters within 210-
daltland on DSKBBV9HB2PROD with RULES
I. Table of Abbreviations
establishment of a PATCOM for this foot of the fireworks launch site at
CFR Code of Federal Regulations
regulated area through Broadcast DHS Department of Homeland Security
position 41°58′01.64″ N, 080°33′38.22″
Notices to Mariners (BNMs), Local FR Federal Register W, 500 Erie St, Conneaut, OH. No vessel
Notices to Mariners (LNMs), and/or NPRM Notice of proposed rulemaking or person will be permitted to enter the
Safety Marine Information Bulletins § Section safety zone without obtaining
(SMIBs) as appropriate. U.S.C. United States Code permission from the COTP or a
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Document Created: 2018-09-07 00:15:08
Document Modified: 2018-09-07 00:15:08
| 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 a.m. through 5 p.m. on September 8, 2018. | |
| Contact | If you have questions on this rule, call or email Chief Petty Officer Joshua Wilson, Sector Upper Mississippi River, Waterways Management Division, U.S. Coast Guard; telephone 314-269-2548, email [email protected] | |
| FR Citation | 83 FR 45339 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Maritime Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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