Safety Zones; Annual Events in the Captain of the Port Detroit Zone, 27706-27707 [2018-12757]
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27706
Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
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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.
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule establishes a
temporary safety zone. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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. Add § 165.T09–0526 to read as
follows:
■
§ 165.T09–0526 Safety Zone; Festival of
the Fish; Vermillion River, Vermillion, OH.
(a) Location. This zone will
encompass all U.S waterways within a
420-foot radius of the fireworks launch
site located at position 41°25′45″ N,
082°21′54″ W, Vermilion, OH (NAD 83).
(b) Effective and enforcement period.
This regulation is effective and will be
enforced on June 15, 2018 from 9:45
p.m. until 10:45 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
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anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: June 11, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting
Captain of the Port Buffalo.
[FR Doc. 2018–12804 Filed 6–13–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2018–0550]
Safety Zones; Annual Events in the
Captain of the Port Detroit Zone
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
various safety zones for annual marine
events in the Captain of the Port Detroit
zone from 9 p.m. on June 23, 2018
through 11 p.m. on July 5, 2018.
Enforcement of these zones is necessary
and intended to ensure safety of life on
the navigable waters immediately prior
to, during, and immediately after these
fireworks events. During the
aforementioned period, the Coast Guard
will enforce restrictions upon, and
control movement of, vessels in a
specified area immediately prior to,
during, and immediately after fireworks
events. During each enforcement period,
no person or vessel may enter the
respective safety zone without
SUMMARY:
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
permission of the Captain of the Port or
his designated representative.
The regulations in 33 CFR
165.941 will be enforced at various
dates and times between 9 p.m. on June
23, 2018 through 11 p.m. on July 5,
2018.
DATES:
Dated: June 6, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2018–12757 Filed 6–13–18; 8:45 am]
BILLING CODE 9110–04–P
If
you have questions on this document,
call or email Ryan Erpelding,
Prevention, Marine Safety Unit Toledo,
Coast Guard; telephone (419) 418–6037,
or email Ryan.G.Erpelding@uscg.mil.
DEPARTMENT OF HOMELAND
SECURITY
The Coast
Guard will enforce the safety zones
listed in 33 CFR 165.941, Safety Zones;
Annual Events in the Captain of the Port
Detroit Zone, at the following dates and
times for the following events:
(1) Washington Township Summerfest
Fireworks, Toledo, OH. The safety zone
listed in § 165.941(a)(2), will be
enforced from 9 p.m. to 11 p.m. on June
23, 2018. In the case of inclement
weather on June 23, 2018, this safety
zone will be enforced from 9 p.m. to 11
p.m. on June 24, 2018.
(2) Put-In-Bay Fourth of July
Fireworks, Put-In-Bay, OH. The safety
zone listed in § 165.941(a)(5) will be
enforced from 9 p.m. to 11 p.m. on July
4, 2018. In the case of inclement
weather on July 4, 2018, this safety zone
will be enforced from 9 p.m. to 11 p.m.
on July 5, 2018.
Under the provisions of § 165.23,
entry into, transiting, or anchoring
within these safety zones during the
enforcement period is prohibited unless
authorized by the Captain of the Port
Detroit or his designated representative.
Vessels that wish to transit through the
safety zones may request permission
from the Captain of the Port Detroit or
his designated representative. Requests
must be made in advance and approved
by the Captain of Port before transits
will be authorized. Approvals will be
granted on a case by case basis. The
Captain of the Port may be contacted via
U.S. Coast Guard Sector Detroit on
channel 16, VHF–FM or by calling (313)
568–9564. The Coast Guard will give
notice to the public via Local Notice to
Mariners and VHF radio broadcasts that
the regulation is in effect.
This document is issued under
authority of § 165.941 and 5 U.S.C.
552(a). If the Captain of the Port
determines that any of these safety
zones need not be enforced for the full
duration stated in this document, he
may suspend such enforcement and
notify the public of the suspension via
a Broadcast Notice to Mariners.
[Docket Number USCG–2018–0528]
FOR FURTHER INFORMATION CONTACT:
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SUPPLEMENTARY INFORMATION:
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Coast Guard
33 CFR Part 165
RIN 1625–AA00
Safety Zone; Hope Chest Buffalo
Niagara Dragon Boat Festival, Buffalo
River, Buffalo, NY
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
navigable waters on the Buffalo River,
Buffalo, NY. This safety zone is
intended to restrict vessels from
portions of the Buffalo River during the
Hope Chest Buffalo Niagara Dragon Boat
Festival. This temporary safety zone is
necessary to protect mariners and
vessels from the navigational hazards
associated with this event. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Buffalo.
SUMMARY:
This rule is effective from 8:00
a.m. until 5:30 p.m. on June 16, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0528 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
Waterways Management Division, U.S.
Coast Guard; telephone 716–843–9322,
email D09–SMB–SECBuffalo-WWM@
uscg.mil.
DATES:
27707
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)(5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause find that those procedures are
‘‘impracticable, unnecessary, or contrary
to public interest.’’ On April 19, 2018,
the Captain of the Port (COTP) Buffalo
published a notice of proposed
rulemaking (NPRM), Docket Number
USCG–2017–1112, to make temporary
safety zones for annual events a final
rule. This event was included in the
NPRM. Its purpose was to mitigate
potential threats to personnel, vessels,
and the marine environment in the
navigable waters within the specified
safety zones. The NPRM addressed
these concerns, and invited the public
to comment during the comment period,
which ended on May 21, 2018. As such,
it is unnecessary to publish an NPRM
for this temporary rule because the
public had opportunity to comment on
it and no comments were received
concerning this event.
Under 5 U.S.C 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. The Coast Guard intends to
establish a permanent safety zone in the
future under Docket Number USCG–
2017–1112. Delaying the effective date
would be contrary to the rule’s
objectives of ensuring safety of life on
the navigable waters and protection of
persons and vessels in the vicinity of
the planned event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Buffalo (COTP) has
determined the Hope Chest Buffalo
Niagara Dragon Boat Festival presents
significant risks to the public safety and
property. This rule is needed to protect
personnel, vessels, and the marine
environment in the navigable waters
within the safety zone while the event
takes place.
SUPPLEMENTARY INFORMATION:
IV. Discussion of the Rule
I. Table of Abbreviations
This rule establishes a safety zone on
June 16, 2018, from 8:00 a.m. until 5:30
p.m. The safety zone will encompass all
waters of the Buffalo River, Buffalo, NY
starting at position 42°52′12.60″ N,
078°52′17.0″ W then Southeast to
42°52′03.0″ N, 078°52′12.0″ W then East
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
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Agencies
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27706-27707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12757]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2018-0550]
Safety Zones; Annual Events in the Captain of the Port Detroit
Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of enforcement of regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will enforce various safety zones for annual
marine events in the Captain of the Port Detroit zone from 9 p.m. on
June 23, 2018 through 11 p.m. on July 5, 2018. Enforcement of these
zones is necessary and intended to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
these fireworks events. During the aforementioned period, the Coast
Guard will enforce restrictions upon, and control movement of, vessels
in a specified area immediately prior to, during, and immediately after
fireworks events. During each enforcement period, no person or vessel
may enter the respective safety zone without
[[Page 27707]]
permission of the Captain of the Port or his designated representative.
DATES: The regulations in 33 CFR 165.941 will be enforced at various
dates and times between 9 p.m. on June 23, 2018 through 11 p.m. on July
5, 2018.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call or email Ryan Erpelding, Prevention, Marine Safety Unit
Toledo, Coast Guard; telephone (419) 418-6037, or email
[email protected].
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.941, Safety Zones; Annual Events in the
Captain of the Port Detroit Zone, at the following dates and times for
the following events:
(1) Washington Township Summerfest Fireworks, Toledo, OH. The
safety zone listed in Sec. 165.941(a)(2), will be enforced from 9 p.m.
to 11 p.m. on June 23, 2018. In the case of inclement weather on June
23, 2018, this safety zone will be enforced from 9 p.m. to 11 p.m. on
June 24, 2018.
(2) Put-In-Bay Fourth of July Fireworks, Put-In-Bay, OH. The safety
zone listed in Sec. 165.941(a)(5) will be enforced from 9 p.m. to 11
p.m. on July 4, 2018. In the case of inclement weather on July 4, 2018,
this safety zone will be enforced from 9 p.m. to 11 p.m. on July 5,
2018.
Under the provisions of Sec. 165.23, entry into, transiting, or
anchoring within these safety zones during the enforcement period is
prohibited unless authorized by the Captain of the Port Detroit or his
designated representative. Vessels that wish to transit through the
safety zones may request permission from the Captain of the Port
Detroit or his designated representative. Requests must be made in
advance and approved by the Captain of Port before transits will be
authorized. Approvals will be granted on a case by case basis. The
Captain of the Port may be contacted via U.S. Coast Guard Sector
Detroit on channel 16, VHF-FM or by calling (313) 568-9564. The Coast
Guard will give notice to the public via Local Notice to Mariners and
VHF radio broadcasts that the regulation is in effect.
This document is issued under authority of Sec. 165.941 and 5
U.S.C. 552(a). If the Captain of the Port determines that any of these
safety zones need not be enforced for the full duration stated in this
document, he may suspend such enforcement and notify the public of the
suspension via a Broadcast Notice to Mariners.
Dated: June 6, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-12757 Filed 6-13-18; 8:45 am]
BILLING CODE 9110-04-P