Safety Zones; Annual Events in the Captain of the Port Buffalo Zone., 17336-17341 [2018-08206]

Download as PDF 17336 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules (3) Surveying, maintaining, or improving waters within the regulated area. (c) Regulations. (1) In accordance with the general regulations in § 100.801, no vessel shall loiter, anchor, stop, moor, remain or drift in any manner as to impede safe passage of another vessel to any launching ramp, marina, or fleeting area unless authorized by the Captain of the Port Marine Safety Unit Pittsburgh (COTP) or a designated representative. (2) No vessel shall loiter, anchor, stop, moor, remain or drift at any time more than 100 feet from any riverbank within the regulated area unless authorized by the COTP or a designated representative. (3) Persons and vessels seeking entry into the regulated area must request permission from the COTP or a 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 Marine Safety Unit Pittsburgh. They may be contacted on VHF–FM Channel 16. (4) Persons and vessels permitted to enter the regulated area must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative. (d) Effective period. This section will be effective from 4 p.m. on June 1, 2018 through 3 p.m. on June 3, 2018. (e) Informational broadcasts. The COTP or a designated representative will inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. Dated: April 13, 2018. F.M. Smith, Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port Marine Safety Unit Pittsburgh. [FR Doc. 2018–08192 Filed 4–18–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY daltland on DSKBBV9HB2PROD with PROPOSALS Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–1112] RIN 1625–AA00 Safety Zones; Annual Events in the Captain of the Port Buffalo Zone. AGENCY: Coast Guard, DHS. VerDate Sep<11>2014 17:10 Apr 18, 2018 Jkt 244001 ACTION: Notice of proposed rulemaking. The Coast Guard proposes to amend its safety zones regulation for Annual Events in the Captain of the Port Buffalo Zone. This proposed amendment updates 12 permanent safety zones and adds 12 new permanent safety zones. These amendments and additions are necessary to protect spectators, participants, and vessels from the hazards associated with annual maritime events, including fireworks displays, boat races, and air shows. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before May 21, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2017–1112 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis On June 18, 2008, the Coast Guard published a final rule entitled Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone in the Federal Register (73 FR 28705). This final rule was published after the Coast Guard requested public comments in response to a preceding NPRM in the Federal Register (73 FR 18225, April 3, 2008). No public meeting was requested, and none was held. The legal basis for this proposed rule is the Coast Guard’s authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05–1, 160.5; Department of Homeland Security Delegation No. 0170.1. The purpose of this rulemaking is to update the safety zones in § 165.939 to ensure accuracy of times, dates, and PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 dimensions for various triggering and marine events that are expected to be conducted within the Captain of the Port Buffalo Zone throughout the year. The purpose of the rulemaking is also to ensure vessels and persons are protected from the specific hazards related to the aforementioned events. These specific hazards include obstructions in the waterway that may cause marine casualties; collisions among vessels maneuvering at a high speed within a channel; the explosive dangers involved in pyrotechnics and hazardous cargo; and flaming/falling debris into the water that may cause injuries. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule This proposed rule amends 12 permanent safety zones found within table 165.939 of 33 CFR 165.939. These 12 amendments involve updating the location, size, and/or enforcement times. Additionally, this proposed rule adds 12 new safety zones to table 165.939 within § 165.939 for annuallyreoccurring events in the Captain of the Port Buffalo Zone. These 12 zones were approved and published in the Federal Register as temporary safety zones in 2017 and were added in order to protect the public from the safety hazards previously described. A list of specific changes and additions are available in the attachments within this Docket. The Captain of the Port Buffalo has determined that the safety zones in this proposed rule are necessary to ensure the safety of vessels and people during annual marine or triggering events in the Captain of the Port Buffalo zone. Although this proposed rule will be effective year-round, the safety zones in this proposed rule will be enforced only immediately before, during, and after events that pose a hazard to the public and only upon notice by the Captain of the Port Buffalo. The Captain of the Port Buffalo will notify the public that the zones in this proposal are or will be enforced by all appropriate means to the affected segments of the public, including publication in the Federal Register, as practicable, in accordance with 33 CFR 165.7(a). Such means of notification may also include, but are not limited to, Broadcast Notice to Mariners or Local Notice to Mariners. All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port Buffalo or his or her designated representative. Entry into, transiting, or anchoring within the safety zones is prohibited unless authorized by the Captain of the Port or E:\FR\FM\19APP1.SGM 19APP1 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules his or her designated representative. The Captain of the Port or his or her designated representative may be contacted via VHF Channel 16. IV. Regulatory Analyses We developed this proposed 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. daltland on DSKBBV9HB2PROD with PROPOSALS 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 NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this NPRM 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 size, location, duration, and time-of-day of the safety zones. The safety zones created by this rule will be relatively small and effective during the time to ensure safety of spectator and participants for the listed triggering or marine events. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone, and the rule would 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 certifies under 5 U.S.C. 605(b) that this proposed rule would 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 IV.A above, this proposed rule would not have a significant economic impact on any vessel owner or operator. VerDate Sep<11>2014 17:10 Apr 18, 2018 Jkt 244001 If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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 proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 proposed 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 17337 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023–01, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have made a preliminary determination 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 proposed rule involves the establishment yearly triggering and marine events on and around Lake Erie, Lake Ontario, and the Saint Lawrence Seaway. Normally such actions are categorically excluded from further review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person E:\FR\FM\19APP1.SGM 19APP1 17338 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 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. ■ 2. Revise § 165. 939 to read as follows: § 165.939 Safety Zones; Annual Events in the Captain of the Port Buffalo Zone. (a) Regulations. (1) In accordance with the general regulations in § 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) These safety zones are 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. (5) The enforcement dates and times for each of the safety zones listed in Table 165.939 are subject to change, but the duration of enforcement would remain the same or nearly the same total number of hours as stated in the table. In the event of a change, the Captain of the Port Buffalo will provide notice to the public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariners. (b) Definitions. The following definitions apply to this section: (1) Designated representative means any Coast Guard commissioned, warrant, or petty officers designated by the Captain of the Port Buffalo to monitor a safety zone, permit entry into a safety zone, give legally enforceable orders to persons or vessels within a safety zone, and take other actions authorized by the Captain of the Port Buffalo. (2) Public vessel means a vessel that is owned, chartered, or operated by the United States, or by a State or political subdivision thereof. (3) Rain date refers to an alternate date and/or time in which the safety zone would be enforced in the event of inclement weather. (c) Suspension of enforcement. The Captain of the Port Buffalo may suspend enforcement of any of these zones earlier than listed in this section. Should the Captain of the Port suspend any of these zones earlier than the listed duration in this section, he or she may make the public aware of this suspension by Broadcast Notice to Mariners and/or on-scene notice by his or her designated representative. (d) Exemption. Public vessels, as defined in paragraph (b) of this section, are exempt from the requirements in this section. (e) Waiver. For any vessel, the Captain of the Port Buffalo or his or her designated representative may waive any of the requirements of this section upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical for the purposes of safety or security. TABLE 165.939 Location 1 Event Enforcement date and time 2 (a) June Safety Zones (1) Festival of the Fish ................ (2) City of Syracuse Fireworks Celebration. daltland on DSKBBV9HB2PROD with PROPOSALS (3) Rochester Harbor and Carousel Festival. (4) Seneca River Days ................ (5) Flagship Niagara Mariner’s Ball Fireworks. VerDate Sep<11>2014 17:10 Apr 18, 2018 Vermillion, OH. All U.S. waters within a 420 foot radius of the fireworks launch site located at position 41°25′45″ N, 082°21′54″ W (NAD 83). Syracuse, NY. All U.S. waters of Onondaga Lake within a 350 foot radius of land position 43°03′37.0″ N, 076°09′59.0″ W in Syracuse, NY. Rochester, NY. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 43°15′40.2″ N, 077°36′05.1″ W in Rochester, NY. Baldwinsville, NY. All U.S. waters of the Seneca River within an 840 foot radius of land position 43°09′25.0″ N, 076°20′21.0″ W in Baldwinsville, NY. Erie, PA. All waters of Presque Isle Bay, Erie, PA within a 350foot radius from the launch site located at position 42°08′22.5″ N, 080°05′15.6″ W. Jkt 244001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 The 3rd Saturday in June. The last weekend of June. The 4th Monday of June. The 2nd weekend of June. The 1st weekend in June. E:\FR\FM\19APP1.SGM 19APP1 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules 17339 TABLE 165.939—Continued Event Location 1 Enforcement date and time 2 (6) Hope Chest Buffalo Niagara Dragon Boat Festival. Buffalo, NY. All waters of the Buffalo River, Buffalo, NY starting at position 42°52′12.0″ N, 078°52′17.0″ W then Southeast to 42°52′03.0″ N, 078°52′12.0″ W then East to 42°52′03.0″ N, 078°52′10.0″ W then Northwest to 42°52′13.0″ N, 078°52′16.0″ W and then returning to the point of origin. The 3rd weekend in June. (b) July Safety Zones (1) Cleveland Triathlon ................ (2) Roverfest Fireworks Display .. (3) Superboat Grand Prix ............ (4) Downtown Cleveland Alliance July 4th Fireworks. (5) Mentor Harbor Yacht Club Fireworks. (6) Parade of Lights .................... (7) Lorain Independence Day Celebration. (8) Conneaut Festival .................. (9) Fairport Harbor Mardi Gras ... (10) Sheffield Lake Community Days. (11) Bay Village Independence Day Celebration. (12) Lake Erie Open Water Swim (13) Boldt Castle 4th of July Fireworks. (14) Clayton Chamber of Commerce Fireworks. daltland on DSKBBV9HB2PROD with PROPOSALS (15) French Festival Fireworks ... (16) Lyme Community Days ....... (17) Village Fireworks ................. (18) Can-Am Festival .................. VerDate Sep<11>2014 17:10 Apr 18, 2018 Cleveland, OH. All U.S. waters of Lake Erie at North Coast Harbor, Cleveland, OH within 100 feet of a line starting at position 41°30′34.6″ N, 081°41′51.3″ W extending in a straight line to the East Basin Breakwall at position 41°30′51.8″ N, 081°42′08.5″ W. Cleveland, OH. All U.S. waters of Lake Erie, Cleveland, OH within a 280 foot radius from position 41°30′34.23″ N, 081°08′55.73″ W. Fairport, OH. All U.S. waters of Lake Erie, off of Headlands Beach State Park, Fairport, OH inside an area starting on shore at position 41°44′33″ N, 081°19′14″ W, extending NW in a straight line to position 41°45′00″ N, 081°19′35″ W, then NE in a straight line to position 41°45′59″ N, 081°17′30″ W, and SE back to the shore at position 41°45′43″ N, 081°17′08″ W. Cleveland, OH. All U.S. waters of Lake Erie and Cleveland Harbor within a 1,000 foot radius of land position 41°30′10″ N, 081°42′36″ W (NAD 83) at Dock 20. Mentor, OH. All U.S. waters of Lake Erie and Mentor Harbor within a 700 foot radius of land position 41°43′36″ N, 081°21′09″ W. Cleveland, OH. All U.S. waters within 25 feet of the vessels participating in the Cleveland Parade of Lights in the Cuyahoga River. The safety zone will move with participating vessels as they transit from the mouth of the Cuyahoga River in the vicinity of position 41°29′59″ N, 081°43′31″ W, to Merwin’s Wharf in the vicinity of 41°29′23″ N, 081°42′16″ W, and returning to the mouth of the Old River at 41°29′55″ N, 081°42′18″ W. Lorain, OH. All U.S waters within a 700 foot radius of the fireworks launch site located at position 41°28′35.42″ N, 082°10′51.28″ W. Conneaut, OH. All U.S. waters within a 570 foot radius of the fireworks launch site located at position 41°58′00.43″ N, 080°33′34.93″ W. Fairport, OH. All U.S. waters within a 275 foot radius of the fireworks launch site located at position 41°45′29.55″ N, 081°16′19.97″ W. Sheffield Lake, OH. All U.S. waters of Lake Erie and Sheffield Lake Boat ramp within a 350 foot radius of land position 41°29′27.65″ N, 082°6′47.71″ W. Bay Village, OH. All U.S. waters within a 560 foot radius of the fireworks launch site located at position 41°29′23.9″ N, 081°55′44.5″ W. Cleveland, OH. All U.S. waters of Lake Erie, south of a line drawn between positions 41°29′30″ N, 081°44′21″ W and 41°29′21″ N, 081°45′04″ W to the shore. Heart Island, NY. All U.S. waters of the Saint Lawrence River within a 1,120 foot radius of land position 44°20′38.5″ N, 075°55′19.1″ W at Heart Island, NY. Calumet Island, NY. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 44°15′04.0″ N, 076°05′40″ W at Calumet Island, NY. Cape Vincent, NY. All U.S. waters of the Saint Lawrence River within an 840 foot radius of land position 44°07′54.6.0″ N, 076°20′01.3″ W in Cape Vincent, NY. Chaumont, NY. All U.S. waters of Chaumont Bay within a 560 foot radius of land position 44°04′06.3″ N, 076°08′56.8″ W in Chaumont, NY. Sackets Harbor, NY. All U.S. waters of Black River Bay within an 840 foot radius of land position 43°56′51.9″ N, 076°07′46.9″ W in Sackets Harbor, NY. Sackets Harbor, NY. All U.S. waters of Black River Bay within a 1,120 foot radius of land position 43°57′15.9″ N, 076°06′39.2″ W in Sackets Harbor, NY. Jkt 244001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 The 4th or 5th Sunday in July. The 2nd or 3rd weekend in July. The 3rd weekend in July. On or around the 4th of July. On or around the 4th of July. The 3rd or 4th weekend in July. On or around the 4th of July. On or around the 4th of July. On or around the 4th of July. The 2nd weekend in July. On or around the 4th of July. The 2nd or 3rd weekend in July. On or around the 4th of July. On or around the 4th of July. The 2nd weekend of July. The 4th weekend of July. On or around the 4th of July. The 3rd weekend of July. E:\FR\FM\19APP1.SGM 19APP1 17340 Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules TABLE 165.939—Continued Event Location 1 (19) Brewerton Fireworks ............ Brewerton, NY. All U.S. waters of Lake Oneida within an 840 foot radius of the barge at position 43°14′16.4″ N, 076°08′03.6″ W in Brewerton, NY. Baldwinsville, NY. All U.S. waters of the Seneca River within a 700 foot radius of land position 43°09′24.9″ N, 076°20′18.9″ W in Baldwinsville, NY. Baldwinsville, NY. All U.S. waters of the Seneca River within a 1,120 foot radius of land position 43°09′22.0″ N, 076°20′15.0″ W in Baldwinsville, NY. Sodus Point, NY. All U.S. waters of Sodus Bay within a 1,120 foot radius of land position 43°16′28.7″ N, 076°58′27.5″ W in Sodus Point, NY. Hamlin Beach State Park, NY. All U.S. waters of Lake Ontario within a 560 foot radius of land position 43°21′51.9″ N, 077°56′59.6″ W in Hamlin, NY. Olcott, NY. All U.S. waters of Lake Ontario within a 1,120 foot radius of land position 43°20′23.6″ N, 078°43′09.5″ W in Olcott, NY. North Tonawanda, NY. All U.S. waters of the East Niagara River within a 1,400 foot radius of land position 43°01′39.6″ N, 078°53′07.5″ W in North Tonawanda, NY. Tonawanda, NY. All U.S. waters of the East Niagara River within a 210 foot radius of land position 43°01′17.8″ N, 078°52′40.9″ W in Tonawanda, NY. Port Bay, NY. All waters of Port Bay, NY, within a 840 foot radius of the barge located in position 43°17′52.4″ N, 076°49′55.7″ W in Port Bay, NY. Oswego, NY. All waters of Oswego Harbor, Oswego, NY contained within a 700 foot radius of position 43°28′06.9″ N, 076°31′08.1″ W along with a 350 foot radius of the breakwall between positions 43°27′53.0″ N, 076°31′25.3″ W then Northeast to 43°27′58.6″ N, 076°31′12.1″ W. Oswego, NY. All waters of Lake Ontario, Oswego, NY within a 490-foot radius from the launch site located at position 43°27′55.8″ N, 076°30′59.0″ W. (20) Celebrate Baldwinsville Fireworks. (21) Island Festival Fireworks ..... (22) Village Fireworks ................. (23) A Salute to our Heroes ........ (24) Olcott Fireworks ................... (25) North Tonawanda Fireworks (26) Tonawanda’s Canal Fest Fireworks. (27) Tom Graves Memorial Fireworks. (28) Oswego Oswego, NY. Harborfest, (29) Oswego Independence Day Celebration Fireworks. Enforcement date and time 2 On or around the 4th of July. The 1st weekend of July. The 1st weekend of July. On or around the 4th of July. The 1st weekend in July. On or around the 4th of July. On or around the 4th of July. The 4th Sunday of July. On or around the 3rd of July. The last week of July. On or around the 4th of July. (c) August Safety Zones (1) Whiskey Island Paddlefest .... (2) D-Day Conneaut .................... (3) Celebrate Erie Fireworks ....... (4) Thunder on the Niagara Hydroplane Boat Races. Cleveland, OH. All U.S. waters of Lake Erie; Cleveland Harbor, from 41°29′59.5″ N, 081°42′59.3″ W to 41°30′4.4″ N, 081°42′44.5″ W to 41°30′17.3″ N, 081°43′0.6″ W to 41°30′9.4″ N, 081°43′2.0″ W to 41°29′54.9″ N, 081°43′34.4″ W to 41°30′0.1″ N, 081°43′3.1″ W and back to 41°29′59.5″ N, 081°42′59.3″ W (NAD 83). Conneaut, OH. All U.S. waters of Conneaut Township Park, Lake Erie, within an area starting at 41°57′42.6″ N, 080°34′10.8″ W, to 41°58′21.6″ N, 080°34′10.2″ W, then to 41°58′31.8″ N, 080°33′33.0″ W, to 41°58′01.8″ N, 080°33′43.2″ W (NAD 83), and returning to the point of origin. Erie, PA. All U.S. waters of Presque Isle Bay within an 800 foot radius of land position 42°08′19.0″ N, 080°05′29.0″ W in Erie, PA. North Tonawanda, NY. All U.S. waters of the Niagara River near the North Grand Island Bridge, encompassed by a line starting at 43°03′32.9″ N, 078°54′46.9″ W to 43°03′14.6″ N, 078°55′16.0″ W then to 43°02′39.7″ N, 078°54′13.1″ W then to 43°02′59.9″ N, 078°53′42.0″ W and returning to the point of origin. The 3rd or 4th weekend in August. The 3rd weekend in August. The 3rd weekend of August. The 2nd weekend of August. daltland on DSKBBV9HB2PROD with PROPOSALS (d) September Safety Zones (1) Madison Light Up the Park .... (2) Cleveland National Airshow .. VerDate Sep<11>2014 17:10 Apr 18, 2018 Madison Township, OH. All U.S. waters of Lake Erie, within a 210 ft radius of position 41°50′17″ N and 081°02′51″ W (NAD 83). Cleveland, OH. All U.S. waters of Lake Erie and Cleveland Harbor (near Burke Lakefront Airport) from position 41°30′20″ N and 081°42′20″ W to 41°30′50″ N and 081°42′49″ W, to 41°32′09″ N and 081°39′49″ W, to 41°31′53″ N and 081°39′24″ W, then return to the original position (NAD 83). Jkt 244001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 The 1st weekend in September. The Wednesday before through Labor Day. E:\FR\FM\19APP1.SGM 19APP1 Labor Day Federal Register / Vol. 83, No. 76 / Thursday, April 19, 2018 / Proposed Rules 17341 TABLE 165.939—Continued Event Location 1 Enforcement date and time 2 (3) Head of the Cuyahoga .......... Cleveland, OH. All U.S. waters of the Cuyahoga River, between a line drawn perpendicular to the river banks from position 41°29′55″ N, 081°42′23″ W (NAD 83) just past the Detroit-Superior Viaduct bridge at MM 1.42 of the Cuyahoga River south to a line drawn perpendicular to the river banks at position 41°28′32″ N, 081°40′16″ W (NAD 83) just south of the Interstate 490 bridge at MM 4.79 of the Cuyahoga River. The 3rd weekend in September. 1All coordinates listed in Table 165.929 reference Datum NAD 1983. noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change, and will be published in a Notice of Enforcement prior to the event. 2As Dated: April 12, 2018. J.S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. If you have questions about this rule, call or email LT John Ramos, Marine Safety Unit Chicago, U.S. Coast Guard; telephone (630) 986–2155, email D09DG-MSUChicago-Waterways@uscg.mil. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–08206 Filed 4–18–18; 8:45 am] BILLING CODE 9110–04–P SUPPLEMENTARY INFORMATION: I. Table of Abbreviations DEPARTMENT OF HOMELAND SECURITY CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0082] II. Background, Purpose, and Legal Basis RIN 1625–AA00 Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to amend its safety zones regulation for Annual Events in the Captain of the Port Lake Michigan zone. This amendment updates two permanent safety zones, adds three new permanent safety zones, and removes one old permanent safety zone. These amendments, additions, and removals are necessary to protect spectators, participants, and vessels from the hazards associated with annual maritime events, including sailing races, boat parades, swim events and air shows. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before May 21, 2018. ADDRESSES: You may submit comments identified by docket number USCG– 2018–0082 using the Federal eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments. daltland on DSKBBV9HB2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:10 Apr 18, 2018 Jkt 244001 On May 9, 2016, the Coast Guard published a Final Rule entitled Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone in the Federal Register (81 FR 28024). This final rule published after the Coast Guard requested public comments in response to a preceding NPRM in the Federal Register (81 FR 3069, January 20, 2016). No public meeting was requested, and none was held. The legal basis for this proposed rule is the Coast Guard’s authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05–1, 160.5; Department of Homeland Security Delegation No. 0170.1. The purpose of this rulemaking is to update the safety zones in 33 CFR 165.929 to ensure that they match the times, dates, and dimensions for various marine and triggering events that are expected to be conducted with the Captain of the Port Lake Michigan Zone throughout the year. The purpose of the rulemaking is also to ensure vessels and persons are protected from the specific hazards related to the aforementioned events. These specific hazards include obstructions to the waterway that may cause marine casualties; collisions among vessels and collisions between vessels and people. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 III. Discussion of Proposed Rule This amendment updates two permanent safety zones, adds three new permanent safety zones, and removes one old permanent safety zone. This proposed rule amends two permanent safety zones found within Table 165.929 in 33 CFR 165.929. These two amendments involve updating the location, size, and/or enforcement times for: one air show in Milwaukee, WI and one sailing race in Chicago, Illinois. Additionally, this proposed rule adds three new safety zones to Table 165.929 within 33 CFR 165.929 for annuallyreoccurring events in the Captain of the Port Lake Michigan Zone. These three zones were added in order to protect the public from the safety hazards previously described. The three additions include two safety zones for boat parades in Milwaukee, WI, and one safety zone for a swim event in Milwaukee, WI. A list of specific changes and additions are available in the attachments within this Docket. This proposed rule also removes one permanent safety zone found within Table 165.929 in 33 CFR 165.929. The safety zone being removed is the Lubbers Cup Regatta listed as item (b)(2) in Table 165.929. This safety zone is being removed because the Lubbers Cup Regatta marine event was determined to no longer need a safety zone. The Captain of the Port Lake Michigan has determined that the safety zones in this proposed rule are necessary to ensure the safety of vessels and people during annual marine or triggering events in the Captain of the Port Lake Michigan zone. Although this proposed rule will be effective yearround, the safety zones in this proposed rule will be enforced only immediately before, during, and after events that pose a hazard to the public and only upon notice by the Captain of the Port Lake Michigan. The Captain of the Port Lake Michigan will notify the public that the zones in this proposal are or will be enforced by all appropriate means to the E:\FR\FM\19APP1.SGM 19APP1

Agencies

[Federal Register Volume 83, Number 76 (Thursday, April 19, 2018)]
[Proposed Rules]
[Pages 17336-17341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08206]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1112]
RIN 1625-AA00


Safety Zones; Annual Events in the Captain of the Port Buffalo 
Zone.

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend its safety zones regulation 
for Annual Events in the Captain of the Port Buffalo Zone. This 
proposed amendment updates 12 permanent safety zones and adds 12 new 
permanent safety zones. These amendments and additions are necessary to 
protect spectators, participants, and vessels from the hazards 
associated with annual maritime events, including fireworks displays, 
boat races, and air shows. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 21, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-1112 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Michael Collet, 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, Purpose, and Legal Basis

    On June 18, 2008, the Coast Guard published a final rule entitled 
Safety Zones; Annual Fireworks Events in the Captain of the Port 
Buffalo Zone in the Federal Register (73 FR 28705). This final rule was 
published after the Coast Guard requested public comments in response 
to a preceding NPRM in the Federal Register (73 FR 18225, April 3, 
2008). No public meeting was requested, and none was held.
    The legal basis for this proposed rule is the Coast Guard's 
authority to establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 
160.5; Department of Homeland Security Delegation No. 0170.1.
    The purpose of this rulemaking is to update the safety zones in 
Sec.  165.939 to ensure accuracy of times, dates, and dimensions for 
various triggering and marine events that are expected to be conducted 
within the Captain of the Port Buffalo Zone throughout the year. The 
purpose of the rulemaking is also to ensure vessels and persons are 
protected from the specific hazards related to the aforementioned 
events. These specific hazards include obstructions in the waterway 
that may cause marine casualties; collisions among vessels maneuvering 
at a high speed within a channel; the explosive dangers involved in 
pyrotechnics and hazardous cargo; and flaming/falling debris into the 
water that may cause injuries. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    This proposed rule amends 12 permanent safety zones found within 
table 165.939 of 33 CFR 165.939. These 12 amendments involve updating 
the location, size, and/or enforcement times.
    Additionally, this proposed rule adds 12 new safety zones to table 
165.939 within Sec.  165.939 for annually-reoccurring events in the 
Captain of the Port Buffalo Zone. These 12 zones were approved and 
published in the Federal Register as temporary safety zones in 2017 and 
were added in order to protect the public from the safety hazards 
previously described. A list of specific changes and additions are 
available in the attachments within this Docket.
    The Captain of the Port Buffalo has determined that the safety 
zones in this proposed rule are necessary to ensure the safety of 
vessels and people during annual marine or triggering events in the 
Captain of the Port Buffalo zone. Although this proposed rule will be 
effective year-round, the safety zones in this proposed rule will be 
enforced only immediately before, during, and after events that pose a 
hazard to the public and only upon notice by the Captain of the Port 
Buffalo.
    The Captain of the Port Buffalo will notify the public that the 
zones in this proposal are or will be enforced by all appropriate means 
to the affected segments of the public, including publication in the 
Federal Register, as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also include, but are not limited to, 
Broadcast Notice to Mariners or Local Notice to Mariners.
    All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port Buffalo or his or her designated 
representative. Entry into, transiting, or anchoring within the safety 
zones is prohibited unless authorized by the Captain of the Port or

[[Page 17337]]

his or her designated representative. The Captain of the Port or his or 
her designated representative may be contacted via VHF Channel 16.

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this NPRM 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 size, 
location, duration, and time-of-day of the safety zones. The safety 
zones created by this rule will be relatively small and effective 
during the time to ensure safety of spectator and participants for the 
listed triggering or marine events. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about 
the zone, and the rule would 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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, which guides the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a preliminary determination 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 
proposed rule involves the establishment yearly triggering and marine 
events on and around Lake Erie, Lake Ontario, and the Saint Lawrence 
Seaway. Normally such actions are categorically excluded from further 
review under paragraph L[61] of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. We seek any comments or information that 
may lead to the discovery of a significant environmental impact from 
this proposed rule.

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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person

[[Page 17338]]

in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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. Revise Sec.  165. 939 to read as follows:


Sec.  165.939  Safety Zones; Annual Events in the Captain of the Port 
Buffalo Zone.

    (a) 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) These safety zones are 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.
    (5) The enforcement dates and times for each of the safety zones 
listed in Table 165.939 are subject to change, but the duration of 
enforcement would remain the same or nearly the same total number of 
hours as stated in the table. In the event of a change, the Captain of 
the Port Buffalo will provide notice to the public by publishing a 
Notice of Enforcement in the Federal Register, as well as, issuing a 
Broadcast Notice to Mariners.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officers designated by the Captain of the Port 
Buffalo to monitor a safety zone, permit entry into a safety zone, give 
legally enforceable orders to persons or vessels within a safety zone, 
and take other actions authorized by the Captain of the Port Buffalo.
    (2) Public vessel means a vessel that is owned, chartered, or 
operated by the United States, or by a State or political subdivision 
thereof.
    (3) Rain date refers to an alternate date and/or time in which the 
safety zone would be enforced in the event of inclement weather.
    (c) Suspension of enforcement. The Captain of the Port Buffalo may 
suspend enforcement of any of these zones earlier than listed in this 
section. Should the Captain of the Port suspend any of these zones 
earlier than the listed duration in this section, he or she may make 
the public aware of this suspension by Broadcast Notice to Mariners 
and/or on-scene notice by his or her designated representative.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Buffalo or his 
or her designated representative may waive any of the requirements of 
this section upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of safety or security.

                                                  Table 165.939
----------------------------------------------------------------------------------------------------------------
              Event                     Location \1\                   Enforcement date and time \2\
----------------------------------------------------------------------------------------------------------------
                                              (a) June Safety Zones
----------------------------------------------------------------------------------------------------------------
(1) Festival of the Fish........  Vermillion, OH. All      The 3rd Saturday in June.
                                   U.S. waters within a
                                   420 foot radius of the
                                   fireworks launch site
                                   located at position
                                   41[deg]25'45'' N,
                                   082[deg]21'54'' W (NAD
                                   83).
(2) City of Syracuse Fireworks    Syracuse, NY. All U.S.   The last weekend of June.
 Celebration.                      waters of Onondaga
                                   Lake within a 350 foot
                                   radius of land
                                   position
                                   43[deg]03'37.0'' N,
                                   076[deg]09'59.0'' W in
                                   Syracuse, NY.
(3) Rochester Harbor and          Rochester, NY. All U.S.  The 4th Monday of June.
 Carousel Festival.                waters of Lake Ontario
                                   within a 1,120 foot
                                   radius of land
                                   position
                                   43[deg]15'40.2'' N,
                                   077[deg]36'05.1'' W in
                                   Rochester, NY.
(4) Seneca River Days...........  Baldwinsville, NY. All   The 2nd weekend of June.
                                   U.S. waters of the
                                   Seneca River within an
                                   840 foot radius of
                                   land position
                                   43[deg]09'25.0'' N,
                                   076[deg]20'21.0'' W in
                                   Baldwinsville, NY.
(5) Flagship Niagara Mariner's    Erie, PA. All waters of  The 1st weekend in June.
 Ball Fireworks.                   Presque Isle Bay,
                                   Erie, PA within a 350-
                                   foot radius from the
                                   launch site located at
                                   position
                                   42[deg]08'22.5'' N,
                                   080[deg]05'15.6'' W.

[[Page 17339]]

 
(6) Hope Chest Buffalo Niagara    Buffalo, NY. All waters  The 3rd weekend in June.
 Dragon Boat Festival.             of the Buffalo River,
                                   Buffalo, NY starting
                                   at position
                                   42[deg]52'12.0'' N,
                                   078[deg]52'17.0'' W
                                   then Southeast to
                                   42[deg]52'03.0'' N,
                                   078[deg]52'12.0'' W
                                   then East to
                                   42[deg]52'03.0'' N,
                                   078[deg]52'10.0'' W
                                   then Northwest to
                                   42[deg]52'13.0'' N,
                                   078[deg]52'16.0'' W
                                   and then returning to
                                   the point of origin.
----------------------------------------------------------------------------------------------------------------
                                              (b) July Safety Zones
----------------------------------------------------------------------------------------------------------------
(1) Cleveland Triathlon.........  Cleveland, OH. All U.S.  The 4th or 5th Sunday in July.
                                   waters of Lake Erie at
                                   North Coast Harbor,
                                   Cleveland, OH within
                                   100 feet of a line
                                   starting at position
                                   41[deg]30'34.6'' N,
                                   081[deg]41'51.3'' W
                                   extending in a
                                   straight line to the
                                   East Basin Breakwall
                                   at position
                                   41[deg]30'51.8'' N,
                                   081[deg]42'08.5'' W.
(2) Roverfest Fireworks Display.  Cleveland, OH. All U.S.  The 2nd or 3rd weekend in July.
                                   waters of Lake Erie,
                                   Cleveland, OH within a
                                   280 foot radius from
                                   position
                                   41[deg]30'34.23'' N,
                                   081[deg]08'55.73'' W.
(3) Superboat Grand Prix........  Fairport, OH. All U.S.   The 3rd weekend in July.
                                   waters of Lake Erie,
                                   off of Headlands Beach
                                   State Park, Fairport,
                                   OH inside an area
                                   starting on shore at
                                   position
                                   41[deg]44'33'' N,
                                   081[deg]19'14'' W,
                                   extending NW in a
                                   straight line to
                                   position
                                   41[deg]45'00'' N,
                                   081[deg]19'35'' W,
                                   then NE in a straight
                                   line to position
                                   41[deg]45'59'' N,
                                   081[deg]17'30'' W, and
                                   SE back to the shore
                                   at position
                                   41[deg]45'43'' N,
                                   081[deg]17'08'' W.
(4) Downtown Cleveland Alliance   Cleveland, OH. All U.S.  On or around the 4th of July.
 July 4th Fireworks.               waters of Lake Erie
                                   and Cleveland Harbor
                                   within a 1,000 foot
                                   radius of land
                                   position
                                   41[deg]30'10'' N,
                                   081[deg]42'36'' W (NAD
                                   83) at Dock 20.
(5) Mentor Harbor Yacht Club      Mentor, OH. All U.S.     On or around the 4th of July.
 Fireworks.                        waters of Lake Erie
                                   and Mentor Harbor
                                   within a 700 foot
                                   radius of land
                                   position
                                   41[deg]43'36'' N,
                                   081[deg]21'09'' W.
(6) Parade of Lights............  Cleveland, OH. All U.S.  The 3rd or 4th weekend in July.
                                   waters within 25 feet
                                   of the vessels
                                   participating in the
                                   Cleveland Parade of
                                   Lights in the Cuyahoga
                                   River. The safety zone
                                   will move with
                                   participating vessels
                                   as they transit from
                                   the mouth of the
                                   Cuyahoga River in the
                                   vicinity of position
                                   41[deg]29'59'' N,
                                   081[deg]43'31'' W, to
                                   Merwin's Wharf in the
                                   vicinity of
                                   41[deg]29'23'' N,
                                   081[deg]42'16'' W, and
                                   returning to the mouth
                                   of the Old River at
                                   41[deg]29'55'' N,
                                   081[deg]42'18'' W.
(7) Lorain Independence Day       Lorain, OH. All U.S      On or around the 4th of July.
 Celebration.                      waters within a 700
                                   foot radius of the
                                   fireworks launch site
                                   located at position
                                   41[deg]28'35.42'' N,
                                   082[deg]10'51.28'' W.
(8) Conneaut Festival...........  Conneaut, OH. All U.S.   On or around the 4th of July.
                                   waters within a 570
                                   foot radius of the
                                   fireworks launch site
                                   located at position
                                   41[deg]58'00.43'' N,
                                   080[deg]33'34.93'' W.
(9) Fairport Harbor Mardi Gras..  Fairport, OH. All U.S.   On or around the 4th of July.
                                   waters within a 275
                                   foot radius of the
                                   fireworks launch site
                                   located at position
                                   41[deg]45'29.55'' N,
                                   081[deg]16'19.97'' W.
(10) Sheffield Lake Community     Sheffield Lake, OH. All  The 2nd weekend in July.
 Days.                             U.S. waters of Lake
                                   Erie and Sheffield
                                   Lake Boat ramp within
                                   a 350 foot radius of
                                   land position
                                   41[deg]29'27.65'' N,
                                   082[deg]6'47.71'' W.
(11) Bay Village Independence     Bay Village, OH. All     On or around the 4th of July.
 Day Celebration.                  U.S. waters within a
                                   560 foot radius of the
                                   fireworks launch site
                                   located at position
                                   41[deg]29'23.9'' N,
                                   081[deg]55'44.5'' W.
(12) Lake Erie Open Water Swim..  Cleveland, OH. All U.S.  The 2nd or 3rd weekend in July.
                                   waters of Lake Erie,
                                   south of a line drawn
                                   between positions
                                   41[deg]29'30'' N,
                                   081[deg]44'21'' W and
                                   41[deg]29'21'' N,
                                   081[deg]45'04'' W to
                                   the shore.
(13) Boldt Castle 4th of July     Heart Island, NY. All    On or around the 4th of July.
 Fireworks.                        U.S. waters of the
                                   Saint Lawrence River
                                   within a 1,120 foot
                                   radius of land
                                   position
                                   44[deg]20'38.5'' N,
                                   075[deg]55'19.1'' W at
                                   Heart Island, NY.
(14) Clayton Chamber of Commerce  Calumet Island, NY. All  On or around the 4th of July.
 Fireworks.                        U.S. waters of the
                                   Saint Lawrence River
                                   within an 840 foot
                                   radius of land
                                   position
                                   44[deg]15'04.0'' N,
                                   076[deg]05'40'' W at
                                   Calumet Island, NY.
(15) French Festival Fireworks..  Cape Vincent, NY. All    The 2nd weekend of July.
                                   U.S. waters of the
                                   Saint Lawrence River
                                   within an 840 foot
                                   radius of land
                                   position
                                   44[deg]07'54.6.0'' N,
                                   076[deg]20'01.3'' W in
                                   Cape Vincent, NY.
(16) Lyme Community Days........  Chaumont, NY. All U.S.   The 4th weekend of July.
                                   waters of Chaumont Bay
                                   within a 560 foot
                                   radius of land
                                   position
                                   44[deg]04'06.3'' N,
                                   076[deg]08'56.8'' W in
                                   Chaumont, NY.
(17) Village Fireworks..........  Sackets Harbor, NY. All  On or around the 4th of July.
                                   U.S. waters of Black
                                   River Bay within an
                                   840 foot radius of
                                   land position
                                   43[deg]56'51.9'' N,
                                   076[deg]07'46.9'' W in
                                   Sackets Harbor, NY.
(18) Can-Am Festival............  Sackets Harbor, NY. All  The 3rd weekend of July.
                                   U.S. waters of Black
                                   River Bay within a
                                   1,120 foot radius of
                                   land position
                                   43[deg]57'15.9'' N,
                                   076[deg]06'39.2'' W in
                                   Sackets Harbor, NY.

[[Page 17340]]

 
(19) Brewerton Fireworks........  Brewerton, NY. All U.S.  On or around the 4th of July.
                                   waters of Lake Oneida
                                   within an 840 foot
                                   radius of the barge at
                                   position
                                   43[deg]14'16.4'' N,
                                   076[deg]08'03.6'' W in
                                   Brewerton, NY.
(20) Celebrate Baldwinsville      Baldwinsville, NY. All   The 1st weekend of July.
 Fireworks.                        U.S. waters of the
                                   Seneca River within a
                                   700 foot radius of
                                   land position
                                   43[deg]09'24.9'' N,
                                   076[deg]20'18.9'' W in
                                   Baldwinsville, NY.
(21) Island Festival Fireworks..  Baldwinsville, NY. All   The 1st weekend of July.
                                   U.S. waters of the
                                   Seneca River within a
                                   1,120 foot radius of
                                   land position
                                   43[deg]09'22.0'' N,
                                   076[deg]20'15.0'' W in
                                   Baldwinsville, NY.
(22) Village Fireworks..........  Sodus Point, NY. All     On or around the 4th of July.
                                   U.S. waters of Sodus
                                   Bay within a 1,120
                                   foot radius of land
                                   position
                                   43[deg]16'28.7'' N,
                                   076[deg]58'27.5'' W in
                                   Sodus Point, NY.
(23) A Salute to our Heroes.....  Hamlin Beach State       The 1st weekend in July.
                                   Park, NY. All U.S.
                                   waters of Lake Ontario
                                   within a 560 foot
                                   radius of land
                                   position
                                   43[deg]21'51.9'' N,
                                   077[deg]56'59.6'' W in
                                   Hamlin, NY.
(24) Olcott Fireworks...........  Olcott, NY. All U.S.     On or around the 4th of July.
                                   waters of Lake Ontario
                                   within a 1,120 foot
                                   radius of land
                                   position
                                   43[deg]20'23.6'' N,
                                   078[deg]43'09.5'' W in
                                   Olcott, NY.
(25) North Tonawanda Fireworks..  North Tonawanda, NY.     On or around the 4th of July.
                                   All U.S. waters of the
                                   East Niagara River
                                   within a 1,400 foot
                                   radius of land
                                   position
                                   43[deg]01'39.6'' N,
                                   078[deg]53'07.5'' W in
                                   North Tonawanda, NY.
(26) Tonawanda's Canal Fest       Tonawanda, NY. All U.S.  The 4th Sunday of July.
 Fireworks.                        waters of the East
                                   Niagara River within a
                                   210 foot radius of
                                   land position
                                   43[deg]01'17.8'' N,
                                   078[deg]52'40.9'' W in
                                   Tonawanda, NY.
(27) Tom Graves Memorial          Port Bay, NY. All        On or around the 3rd of July.
 Fireworks.                        waters of Port Bay,
                                   NY, within a 840 foot
                                   radius of the barge
                                   located in position
                                   43[deg]17'52.4'' N,
                                   076[deg]49'55.7'' W in
                                   Port Bay, NY.
(28) Oswego Harborfest, Oswego,   Oswego, NY. All waters   The last week of July.
 NY.                               of Oswego Harbor,
                                   Oswego, NY contained
                                   within a 700 foot
                                   radius of position
                                   43[deg]28'06.9'' N,
                                   076[deg]31'08.1'' W
                                   along with a 350 foot
                                   radius of the
                                   breakwall between
                                   positions
                                   43[deg]27'53.0'' N,
                                   076[deg]31'25.3'' W
                                   then Northeast to
                                   43[deg]27'58.6'' N,
                                   076[deg]31'12.1'' W.
(29) Oswego Independence Day      Oswego, NY. All waters   On or around the 4th of July.
 Celebration Fireworks.            of Lake Ontario,
                                   Oswego, NY within a
                                   490-foot radius from
                                   the launch site
                                   located at position
                                   43[deg]27'55.8'' N,
                                   076[deg]30'59.0'' W.
----------------------------------------------------------------------------------------------------------------
                                             (c) August Safety Zones
----------------------------------------------------------------------------------------------------------------
(1) Whiskey Island Paddlefest...  Cleveland, OH. All U.S.  The 3rd or 4th weekend in August.
                                   waters of Lake Erie;
                                   Cleveland Harbor, from
                                   41[deg]29'59.5'' N,
                                   081[deg]42'59.3'' W to
                                   41[deg]30'4.4'' N,
                                   081[deg]42'44.5'' W to
                                   41[deg]30'17.3'' N,
                                   081[deg]43'0.6'' W to
                                   41[deg]30'9.4'' N,
                                   081[deg]43'2.0'' W to
                                   41[deg]29'54.9'' N,
                                   081[deg]43'34.4'' W to
                                   41[deg]30'0.1'' N,
                                   081[deg]43'3.1'' W and
                                   back to
                                   41[deg]29'59.5'' N,
                                   081[deg]42'59.3'' W
                                   (NAD 83).
(2) D-Day Conneaut..............  Conneaut, OH. All U.S.   The 3rd weekend in August.
                                   waters of Conneaut
                                   Township Park, Lake
                                   Erie, within an area
                                   starting at
                                   41[deg]57'42.6'' N,
                                   080[deg]34'10.8'' W,
                                   to 41[deg]58'21.6'' N,
                                   080[deg]34'10.2'' W,
                                   then to
                                   41[deg]58'31.8'' N,
                                   080[deg]33'33.0'' W,
                                   to 41[deg]58'01.8'' N,
                                   080[deg]33'43.2'' W
                                   (NAD 83), and
                                   returning to the point
                                   of origin.
(3) Celebrate Erie Fireworks....  Erie, PA. All U.S.       The 3rd weekend of August.
                                   waters of Presque Isle
                                   Bay within an 800 foot
                                   radius of land
                                   position
                                   42[deg]08'19.0'' N,
                                   080[deg]05'29.0'' W in
                                   Erie, PA.
(4) Thunder on the Niagara        North Tonawanda, NY.     The 2nd weekend of August.
 Hydroplane Boat Races.            All U.S. waters of the
                                   Niagara River near the
                                   North Grand Island
                                   Bridge, encompassed by
                                   a line starting at
                                   43[deg]03'32.9'' N,
                                   078[deg]54'46.9'' W to
                                   43[deg]03'14.6'' N,
                                   078[deg]55'16.0'' W
                                   then to
                                   43[deg]02'39.7'' N,
                                   078[deg]54'13.1'' W
                                   then to
                                   43[deg]02'59.9'' N,
                                   078[deg]53'42.0'' W
                                   and returning to the
                                   point of origin.
----------------------------------------------------------------------------------------------------------------
                                           (d) September Safety Zones
----------------------------------------------------------------------------------------------------------------
(1) Madison Light Up the Park...  Madison Township, OH.    The 1st weekend in September.
                                   All U.S. waters of
                                   Lake Erie, within a
                                   210 ft radius of
                                   position
                                   41[deg]50'17'' N and
                                   081[deg]02'51'' W (NAD
                                   83).
(2) Cleveland National Airshow..  Cleveland, OH. All U.S.  The Wednesday before Labor Day through Labor Day.
                                   waters of Lake Erie
                                   and Cleveland Harbor
                                   (near Burke Lakefront
                                   Airport) from position
                                   41[deg]30'20'' N and
                                   081[deg]42'20'' W to
                                   41[deg]30'50'' N and
                                   081[deg]42'49'' W, to
                                   41[deg]32'09'' N and
                                   081[deg]39'49'' W, to
                                   41[deg]31'53'' N and
                                   081[deg]39'24'' W,
                                   then return to the
                                   original position (NAD
                                   83).

[[Page 17341]]

 
(3) Head of the Cuyahoga........  Cleveland, OH. All U.S.  The 3rd weekend in September.
                                   waters of the Cuyahoga
                                   River, between a line
                                   drawn perpendicular to
                                   the river banks from
                                   position
                                   41[deg]29'55'' N,
                                   081[deg]42'23'' W (NAD
                                   83) just past the
                                   Detroit-Superior
                                   Viaduct bridge at MM
                                   1.42 of the Cuyahoga
                                   River south to a line
                                   drawn perpendicular to
                                   the river banks at
                                   position
                                   41[deg]28'32'' N,
                                   081[deg]40'16'' W (NAD
                                   83) just south of the
                                   Interstate 490 bridge
                                   at MM 4.79 of the
                                   Cuyahoga River.
----------------------------------------------------------------------------------------------------------------
\1\All coordinates listed in Table 165.929 reference Datum NAD 1983.
\2\As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety
  zones are subject to change, and will be published in a Notice of Enforcement prior to the event.


    Dated: April 12, 2018.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-08206 Filed 4-18-18; 8:45 am]
BILLING CODE 9110-04-P