Safety Zones; Annual Events in the Captain of the Port Buffalo Zone., 17336-17341 [2018-08206]
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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
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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.
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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 https://
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
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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
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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.
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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.
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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
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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 https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
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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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
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 https://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.
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(3) Rochester Harbor and Carousel Festival.
(4) Seneca River Days ................
(5) Flagship Niagara Mariner’s
Ball Fireworks.
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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.
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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.
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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.
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(15) French Festival Fireworks ...
(16) Lyme Community Days .......
(17) Village Fireworks .................
(18) Can-Am Festival ..................
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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.
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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.
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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).
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The 1st weekend in September.
The Wednesday before
through Labor Day.
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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 https://
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.
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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
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]]>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 https://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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://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 https://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
