Safety Zones; Annual Events in the Captain of the Port Buffalo Zone, 25570-25574 [2018-11872]
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Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations
conducted. It is categorically excluded
from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
(3) The ‘‘designated representative’’ of
the Captain of the Port Detroit is any
Coast Guard commissioned, warrant, or
petty officer who has been designated
by the Captain of the Port Detroit to act
on his behalf. The designated
representative of the Captain of the Port
Detroit will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Captain of the Port Detroit or his
designated representative may be
contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his designated representative to
obtain permission to do so.
(5) 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 Detroit
or his designated representative.
Dated: May 23, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–11912 Filed 6–1–18; 8:45 am]
BILLING CODE 9110–04–P
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.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–1112]
2. Add § 165.T09–0449 to read as
follows:
RIN 1625–AA00
§ 165.T09–0449 Safety Zone; Freedom
Festival Fireworks, Lake Erie, Luna Pier, MI.
Safety Zones; Annual Events in the
Captain of the Port Buffalo Zone
(a) Location. The following area is a
temporary safety zone: All U.S.
navigable waters of the Lake Erie within
a 300 yard radius of the fireworks
launch site located at position
41°48′34.826″ N, 83°26′21.894″ W. All
geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Enforcement period. This
regulation will be enforced from 9 p.m.
until 11 p.m. on June 30, 2018. The
Captain of the Port Detroit, or a
designated representative may suspend
enforcement of the safety zone at any
time.
(c) 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 Detroit, or his
designated representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated representative.
AGENCY:
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■
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ACTION:
Coast Guard, DHS.
Final rule.
The Coast Guard is amending
its safety zones regulation for Annual
Events in the Captain of the Port Buffalo
Zone. This 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.
DATES: This rule is effective July 5,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
1112 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
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If
you have questions on this rule, call or
email LT Michael Collet, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9322, email D09-SMB-SECBuffaloWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 Information and
Regulatory History
On April 19, 2018, the Coast Guard
published a Notice of Proposed
Rulemaking (NPRM) titled Safety Zones;
Annual Events in the Captain of the Port
Buffalo Zone. There we stated why we
issued the NPRM, and invited
comments on our proposed regulatory
action related to this amendment to the
CFR. During the comment period that
ended May 21, 2018, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
purpose of this rule is to update the
safety zones in 33 CFR 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.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published
April 19, 2018. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
This 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 rule adds 12 new
safety zones to table 165.939 within
§ 165.939 for annually reoccurring
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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
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 rule will be effective yearround, the safety zones in this 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
rule 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
his or her designated representative.
The Captain of the Port or his or her
designated representative may be
contacted via VHF Channel 16.
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V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
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pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the characteristics of the
safety zones. The safety zones created
by this rule will be relatively small and
are designed to minimize their impact
on navigable waters. Furthermore, the
safety zones have been designed to
allow vessels to transit around them. In
addition, the safety zones will have
built in times to allow vessels to travel
through when situations allow. Thus,
restrictions on vessel movement within
each particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
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responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
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U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of recurring annual safety
zones. It is categorically excluded from
further review under paragraph L60(a)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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 .................
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(2) City of Syracuse Fireworks
Celebration.
(3) Rochester Harbor and Carousel Festival.
(4) Seneca River Days ................
(5) Flagship Niagara Mariner’s
Ball Fireworks.
(6) Hope Chest Buffalo Niagara
Dragon Boat Festival.
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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 and 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 350-foot radius from the launch site located at position 42°08′22.5″ N,
080°05′15.6″ W.
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.
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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.
The 3rd weekend in June.
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25573
TABLE 165.939—Continued
Location 1
Event
Enforcement date and time 2
(b) July Safety Zones
(1) Cleveland Triathlon ................
(2) Roverfest Fireworks Display ..
(3) High Speed Boat Races ........
(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.
(15) French Festival Fireworks ....
(16) Lyme Community Days ........
(17) Village Fireworks ..................
(18) Can-Am Festival ...................
(19) Brewerton Fireworks ............
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(20) Celebrate Baldwinsville Fireworks.
(21) Island Festival Fireworks .....
(22) Village Fireworks ..................
(23) A Salute to our Heroes ........
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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 and 081°41′51.3″ W extending in a straight line to the East Basin
Breakwall at position 41°30′51.8″ N and 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 and 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 and 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 and 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 and 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 and 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.
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.
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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.
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.
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TABLE 165.939—Continued
Event
Location 1
(24) Olcott Fireworks ...................
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.
(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.
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 and 081°42′59.3″ W to 41°30′4.4″ N and 081°42′44.5″
W to 41°30′17.3″ N and 081°43′0.6″ W to 41°30′9.4″ N and
081°43′2.0″ W to 41°29′54.9″ N and 081°43′34.4″ W to 41°30′0.1″ N
and 081°43′3.1″ W and back to 41°29′59.5″ N and 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°57.71′ N, 080°34.18′ W, to 41°58.36′ N,
080°34.17′ W, then to 41°58.53′ N, 080°33.55′ W, to 41°58.03′ N,
080°33.72′ 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.
(d) September Safety Zones
(1) Madison Light Up the Park ....
(2) Cleveland National Airshow ...
(3) Head of the Cuyahoga ...........
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).
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 1st weekend in September.
The Wednesday before Labor
Day through Labor Day.
The 3rd weekend in September.
1 All
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.
sradovich on DSK3GMQ082PROD with RULES
2 As
Dated: May 29, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2018–11872 Filed 6–1–18; 8:45 am]
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]]>Agencies
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25570-25574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11872]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its safety zones regulation for
Annual Events in the Captain of the Port Buffalo Zone. This 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.
DATES: This rule is effective July 5, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-1112 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email 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 Information and Regulatory History
On April 19, 2018, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) titled Safety Zones; Annual Events in the Captain of
the Port Buffalo Zone. There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
amendment to the CFR. During the comment period that ended May 21,
2018, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The purpose of this rule is to update the safety zones in 33 CFR
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.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received no comments on our NPRM published April
19, 2018. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
This 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 rule adds 12 new safety zones to table 165.939
within Sec. 165.939 for annually reoccurring
[[Page 25571]]
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 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 rule will be effective year-round, the
safety zones in this 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 rule 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 his
or her designated representative. The Captain of the Port or his or her
designated representative may be contacted via VHF Channel 16.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the
characteristics of the safety zones. The safety zones created by this
rule will be relatively small and are designed to minimize their impact
on navigable waters. Furthermore, the safety zones have been designed
to allow vessels to transit around them. In addition, the safety zones
will have built in times to allow vessels to travel through when
situations allow. Thus, restrictions on vessel movement within each
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42
[[Page 25572]]
U.S.C. 4321-4370f), and have determined that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves the
establishment of recurring annual safety zones. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. 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
------------------------------------------------------------------------
Enforcement date
Event Location \1\ and time \2\
------------------------------------------------------------------------
(a) June Safety Zones
------------------------------------------------------------------------
(1) Festival of the Fish...... Vermillion, OH. All The 3rd Saturday
U.S. waters within a in June.
420 foot radius of
the fireworks launch
site located at
position
41[deg]25'45'' N and
082[deg]21'54'' W,
(NAD 83).
(2) City of Syracuse Fireworks Syracuse, NY. All U.S. The last weekend
Celebration. waters of Onondaga of June.
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 The 4th Monday
Carousel Festival. U.S. waters of Lake of June.
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
U.S. waters of the of June.
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 The 1st weekend
Ball Fireworks. of Presque Isle Bay, in June.
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.
(6) Hope Chest Buffalo Niagara Buffalo, NY. All The 3rd weekend
Dragon Boat Festival. waters of the Buffalo in June.
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.
------------------------------------------------------------------------
[[Page 25573]]
(b) July Safety Zones
------------------------------------------------------------------------
(1) Cleveland Triathlon....... Cleveland, OH. All The 4th or 5th
U.S. waters of Lake Sunday in July.
Erie at North Coast
Harbor, Cleveland, OH
within 100 feet of a
line starting at
position
41[deg]30'34.6'' N
and 081[deg]41'51.3''
W extending in a
straight line to the
East Basin Breakwall
at position
41[deg]30'51.8'' N
and 081[deg]42'08.5''
W.
(2) Roverfest Fireworks Cleveland, OH. All The 2nd or 3rd
Display. U.S. waters of Lake weekend in
Erie, Cleveland, OH July.
within a 280 foot
radius from position
41[deg]30'34.23'' N
and
081[deg]08'55.73'' W.
(3) High Speed Boat Races..... Fairport, OH. All U.S. The 3rd weekend
waters of Lake Erie, in July.
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 Cleveland, OH. All On or around the
Alliance July 4th Fireworks. U.S. waters of Lake 4th of July.
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
Fireworks. waters of Lake Erie 4th of July.
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 The 3rd or 4th
U.S. waters within 25 weekend in
feet of the vessels July.
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
Celebration. waters within a 700 4th of July.
foot radius of the
fireworks launch site
located at position
41[deg]28'35.42'' N
and
082[deg]10'51.28'' W.
(8) Conneaut Festival......... Conneaut, OH. All U.S. On or around the
waters within a 570 4th of July.
foot radius of the
fireworks launch site
located at position
41[deg]58'00.43'' N
and
080[deg]33'34.93'' W.
(9) Fairport Harbor Mardi Gras Fairport, OH. All U.S. On or around the
waters within a 275 4th of July.
foot radius of the
fireworks launch site
located at position
41[deg]45'29.55'' N
and
081[deg]16'19.97'' W.
(10) Sheffield Lake Community Sheffield Lake, OH. The 2nd weekend
Days. All U.S. waters of in July.
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
Day Celebration. U.S. waters within a 4th of July.
560 foot radius of
the fireworks launch
site located at
position
41[deg]29'23.9'' N
and 081[deg]55'44.5''
W.
(12) Lake Erie Open Water Swim Cleveland, OH. All The 2nd or 3rd
U.S. waters of Lake weekend in
Erie, south of a line July.
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
Fireworks. U.S. waters of the 4th of July.
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 Calumet Island, NY. On or around the
Commerce Fireworks. All U.S. waters of 4th of July.
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
U.S. waters of the of July.
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
waters of Chaumont of July.
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. On or around the
All U.S. waters of 4th of July.
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. The 3rd weekend
All U.S. waters of of July.
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.
(19) Brewerton Fireworks...... Brewerton, NY. All On or around the
U.S. waters of Lake 4th of July.
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
Fireworks. U.S. waters of the of July.
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
U.S. waters of the of July.
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
U.S. waters of Sodus 4th of July.
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
Park, NY. All U.S. in July.
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.
[[Page 25574]]
(24) Olcott Fireworks......... Olcott, NY. All U.S. On or around the
waters of Lake 4th of July.
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
All U.S. waters of 4th of July.
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 The 4th Sunday
Fireworks. U.S. waters of the of July.
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
Fireworks. waters of Port Bay, 3rd of July.
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, NY. All waters The last week of
Oswego, NY. of Oswego Harbor, July.
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
Celebration Fireworks. of Lake Ontario, 4th of July.
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 The 3rd or 4th
U.S. waters of Lake weekend in
Erie; Cleveland August.
Harbor, from
41[deg]29'59.5'' N
and 081[deg]42'59.3''
W to 41[deg]30'4.4''
N and
081[deg]42'44.5'' W
to 41[deg]30'17.3'' N
and 081[deg]43'0.6''
W to 41[deg]30'9.4''
N and
081[deg]43'2.0'' W to
41[deg]29'54.9'' N
and 081[deg]43'34.4''
W to 41[deg]30'0.1''
N and
081[deg]43'3.1'' W
and back to
41[deg]29'59.5'' N
and 081[deg]42'59.3''
W (NAD 83).
(2) D-Day Conneaut............ Conneaut, OH. All U.S. The 3rd weekend
waters of Conneaut in August.
Township Park, Lake
Erie, within an area
starting at
41[deg]57.71' N,
080[deg]34.18' W, to
41[deg]58.36' N,
080[deg]34.17' W,
then to 41[deg]58.53'
N, 080[deg]33.55' W,
to 41[deg]58.03' N,
080[deg]33.72' W (NAD
83), and returning to
the point of origin.
(3) Celebrate Erie Fireworks.. Erie, PA. All U.S. The 3rd weekend
waters of Presque of August.
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
Hydroplane Boat Races. All U.S. waters of of August.
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
All U.S. waters of in September.
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 The Wednesday
U.S. waters of Lake before Labor
Erie and Cleveland Day through
Harbor (near Burke Labor Day.
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).
(3) Head of the Cuyahoga...... Cleveland, OH. All The 3rd weekend
U.S. waters of the in September.
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: May 29, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-11872 Filed 6-1-18; 8:45 am]
BILLING CODE 9110-04-P
