83 FR 45344 - Safety Zone; Moonlight on the Bay Fireworks, Presque Isle Bay, Lake Erie, Erie, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 174 (September 7, 2018)

Page Range		45344-45346
FR Document		2018-19414

The Coast Guard is establishing a temporary safety zone for navigable waters within a 280-foot radius of the launch site located at Erie Sand and Gravel, Presque Isle Bay, Erie, PA. This safety zone is intended to restrict vessels from portions of Presque Isle Bay during the Moonlight on the Bay fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 83 Issue 174 (Friday, September 7, 2018)

[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Rules and Regulations]
[Pages 45344-45346]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19414]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0854]
RIN 1625-AA00


Safety Zone; Moonlight on the Bay Fireworks, Presque Isle Bay, 
Lake Erie, Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 280-foot radius of the launch site located at 
Erie Sand and Gravel, Presque Isle Bay, Erie, PA. This safety zone is 
intended to restrict vessels from portions of Presque Isle Bay during 
the Moonlight on the Bay fireworks display. This temporary safety zone 
is necessary to protect mariners and vessels from the navigational 
hazards associated with a fireworks display. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Buffalo.

DATES: This rule is effective from 9:30 p.m. until 11:00 p.m. on 
September 7, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0854 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 [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the event sponsor did not submit 
notice to the Coast Guard with sufficient time remaining before the 
event to publish an NPRM. Delaying the effective date would be contrary 
to the rule's objectives of enhancing safety of life on the navigable 
water and protection of persons and vessels in vicinity of the 
fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the rule's objectives of enhancing safety of life on the 
navigable waters and protection of persons and vessels in vicinity of 
the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo (COTP) has determined that 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 temporary safety zone on September 7, 2018, 
from 9:30 p.m. until 11:00 p.m. The safety zone will encompass all 
waters of Presque Isle Bay, Erie, PA contained within a 280-foot radius 
of: 42[deg]08'55.3'' N, 80[deg]04'58.1'' 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

[[Page 45345]]

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 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.T09-0854 to read as follows:

[[Page 45346]]

Sec.  165.T09-0854  Safety Zone; Moonlight on the Bay Fireworks, 
Presque Isle Bay, Lake Erie, Erie, PA.

    (a) Location. The safety zone will encompass all waters of Presque 
Isle Bay; Erie, PA contained within a 280-foot radius of: 
42[deg]08'55.3'' N, 80[deg]04'58.1'' W.
    (b) Enforcement period. This regulation will be enforced from 9:30 
p.m. until 11:00 p.m. on September 7, 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: August 30, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-19414 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 45345

Executive orders, and we discuss First understanding this rule. If the rule their discretionary regulatory actions. In
Amendment rights of protestors. would affect your small business, particular, the Act addresses actions
organization, or governmental that may result in the expenditure by a
A. Regulatory Planning and Review
jurisdiction and you have questions State, local, or tribal government, in the
Executive Orders 12866 and 13563 concerning its provisions or options for aggregate, or by the private sector of
direct agencies to assess the costs and compliance, please contact the person $100,000,000 (adjusted for inflation) or
benefits of available regulatory listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
alternatives and, if regulation is CONTACT section. will not result in such an expenditure,
necessary, to select regulatory Small businesses may send comments we do discuss the effects of this rule
approaches that maximize net benefits. on the actions of Federal employees elsewhere in this preamble.
Executive Order 13771 directs agencies who enforce, or otherwise determine
to control regulatory costs through a compliance with, Federal regulations to F. Environment
budgeting process. This rule has not the Small Business and Agriculture
been designated a ‘‘significant Regulatory Enforcement Ombudsman We have analyzed this rule under
regulatory action,’’ under Executive and the Regional Small Business Department of Homeland Security
Order 12866. Accordingly, this rule has Regulatory Fairness Boards. The Directive 023–01 and Commandant
not been reviewed by the Office of Ombudsman evaluates these actions Instruction M16475.1D, which guide the
Management and Budget (OMB), and annually and rates each agency’s Coast Guard in complying with the
pursuant to OMB guidance it is exempt responsiveness to small business. If you National Environmental Policy Act of
from the requirements of Executive wish to comment on actions by 1969 (42 U.S.C. 4321–4370f), and have
Order 13771. employees of the Coast Guard, call 1– determined that this action is one of a
This regulatory action determination 888–REG–FAIR (1–888–734–3247). The category of actions that do not
is based on the conclusion that this rule Coast Guard will not retaliate against individually or cumulatively have a
is not a significant regulatory action. We small entities that question or complain significant effect on the human
anticipate that it will have minimal about this rule or any policy or action environment. This rule establishes a
impact on the economy, will not of the Coast Guard. temporary safety zone. It is categorically
interfere with other agencies, will not excluded from further review under
adversely alter the budget of any grant C. Collection of Information
paragraph L60(a) of Appendix A, Table
or loan recipients, and will not raise any This rule will not call for a new 1 of DHS Instruction Manual 023–01–
novel legal or policy issues. The safety collection of information under the 001–01, Rev. 01. A Record of
zone created by this rule will be Paperwork Reduction Act of 1995 (44 Environmental Consideration
relatively small and enforced for a U.S.C. 3501–3520). supporting this determination is
relatively short time. Also, the safety
D. Federalism and Indian Tribal available in the docket where indicated
zone has been designed to allow vessels
to transit around it. Thus, restrictions on Governments under ADDRESSES.
vessel movement within that particular A rule has implications for federalism G. Protest Activities
area are expected to be minimal. Under under Executive Order 13132,
certain conditions, moreover, vessels Federalism, if it has a substantial direct The Coast Guard respects the First
may still transit through the safety zone effect on the States, on the relationship Amendment rights of protesters.
when permitted by the Captain of the between the national government and Protesters are asked to contact the
Port. the States, or on the distribution of person listed in the FOR FURTHER
power and responsibilities among the INFORMATION CONTACT section to
B. Impact on Small Entities various levels of government. We have coordinate protest activities so that your
The Regulatory Flexibility Act of analyzed this rule under that Order and message can be received without
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent jeopardizing the safety or security of
requires Federal agencies to consider with the fundamental federalism people, places or vessels.
the potential impact of regulations on principles and preemption requirements
small entities during rulemaking. The described in Executive Order 13132. List of Subjects in 33 CFR Part 165
term ‘‘small entities’’ comprises small Also, this rule does not have tribal
Harbors, Marine safety, Navigation
businesses, not-for-profit organizations implications under Executive Order
(water), Reporting and recordkeeping
that are independently owned and 13175, Consultation and Coordination
operated and are not dominant in their requirements, Security measures,
with Indian Tribal Governments,
fields, and governmental jurisdictions Waterways.
because it does not have a substantial
with populations of less than 50,000. direct effect on one or more Indian For the reasons discussed in the
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the preamble, the Coast Guard amends 33
605(b) that this rule will not have a Federal Government and Indian tribes, CFR part 165 as follows:
significant economic impact on a or on the distribution of power and
substantial number of small entities. responsibilities between the Federal PART 165—REGULATED NAVIGATION
While some owners or operators of Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS
vessels intending to transit the safety believe this rule has implications for
zone may be small entities, for the federalism or Indian tribes, please ■ 1. The authority citation for part 165
reasons stated in section V.A above, this contact the person listed in the FOR continues to read as follows:
daltland on DSKBBV9HB2PROD with RULES

rule will not have a significant FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
economic impact on any vessel owner above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
or operator. Department of Homeland Security Delegation
Under section 213(a) of the Small E. Unfunded Mandates Reform Act
No. 0170.1.
Business Regulatory Enforcement The Unfunded Mandates Reform Act
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T09–0854 to read as
we want to assist small entities in Federal agencies to assess the effects of follows:

VerDate Sep<11>2014 16:12 Sep 06, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\07SER1.SGM 07SER1

Document Created: 2018-09-07 00:15:03
Document Modified: 2018-09-07 00:15:03

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 9:30 p.m. until 11:00 p.m. on September 7, 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 45344
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 45344 - Safety Zone; Moonlight on the Bay Fireworks, Presque Isle Bay, Lake Erie, Erie, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 174 (September 7, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard