Safety Zone; Great Lakes Offshore Grand Prix, Lake Erie, Dunkirk, NY, 40679-40681 [2018-17697]

Download as PDF Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations jeopardizing the safety or security of people, places or vessels. DEPARTMENT OF HOMELAND SECURITY List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0683] RIN 1625–AA00 Safety Zone; Great Lakes Offshore Grand Prix, Lake Erie, Dunkirk, NY PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS ACTION: 1. 2. Add § 100.T09–0732 to read as follows: ■ sradovich on DSK3GMQ082PROD with RULES § 100.T09–0732 Special Local Regulation; Michigan Championships; Detroit River; Detroit, MI. (a) Location. A regulated area is established to encompass the following waterway: All waters of the Detroit River and Belle Isle Beach between the following two lines: The first line is drawn directly across the channel from position 42°20.517′ N, 082°59.159′ W to 42°20.705′ N, 082°59.233′ W (NAD 83); the second line, to the north, is drawn directly across the channel from position 42°20.754′ N, 082°58.681′ W to 42°20.997′ N, 082°58.846′ W (NAD 83). (b) Enforcement period. The regulated area described in paragraph (a) of this section will be enforced from 7 a.m. until 11 a.m. on September 2, 2018. (c) Special local regulations. (1) Vessels transiting through the regulated area are to maintain the minimum speeds for safe navigation. (2) Vessel operators desiring to operate in the regulated area must contact the Coast Guard Patrol Commander to obtain permission to do so. The Captain of the Port Detroit (COTP) or his on-scene representative may be contacted via VHF Channel 16 or at (313) 568–9560. Vessel operators given permission to operate within the regulated area must comply with all directions given to them by the COTP or his on-scene representative. (3) The ‘‘on-scene representative’’ of the COTP Detroit is any Coast Guard commissioned, warrant or petty officer or a Federal, State, or local law enforcement officer designated by or assisting the Captain of the Port Detroit to act on his behalf. [FR Doc. 2018–17699 Filed 8–15–18; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 15:45 Aug 15, 2018 Jkt 244001 The Coast Guard is establishing a temporary safety zone for navigable waters of Dunkirk Harbor, Lake Erie, Dunkirk, NY. This safety zone is intended to restrict vessels from portions of Dunkirk Harbor during the Great Lakes Offshore Grand Prix. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with this regatta. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo. DATES: This rule is effective from 10:00 a.m. on August 18, 2018 until 5:00 p.m. on August 19, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– 0683 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LTJG Sean Dolan, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716– 843–9322, email D09-SMB-SECBuffaloWWM@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: Authority: 33 U.S.C. 1233; 33 CFR 1.05– Dated: August 10, 2018. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. Coast Guard, DHS. Temporary final rule. AGENCY: 1. The authority citation for part 100 continues to read as follows: ■ 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 March 22, 2018, Dunkirk Local Development Corporation and Dunkirk Festivals notified the Coast Guard that it will conducting a professional high speed powerboat race from 10:00 a.m. until 5:00 p.m. on August 19, 2018. In response, on July 23, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Great Lakes PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 40679 Offshore Grand Prix; Lake Erie, Dunkirk, NY’’ (83 FR 34804, July 23, 2018). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this event. During the comment period that ended August 7, 2018, we received no comments. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date would be contrary to the rule’s objectives of 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 Great Lakes Offshore Grand Prix 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. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published July 23, 2018. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. This rule establishes a safety zone from 10:00 a.m. until 5:00 p.m. on August 19, 2018, with a rain date of August 18, 2018. The safety zone will encompass all navigable waters of Lake Erie, Dunkirk, NY starting at position 42°29′37.7″ N, 079°21′17.7″ W then Northwest to 42°29′45.2″ N, 079°21′28.2″ W then Northeast to 42°30′15.0″ N, 079°21′20.0″ W then Northeast to 42°30′39.0″ N, 079°19′46.0″ W then Southeast to 42°30′09.3″ N, 079°19′03.1″ W. The duration of the zone is intended to enhance the safety of vessels and these navigable waters before, during, and after the scheduled 10:00 a.m. until 5:00 p.m. boat races. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses E:\FR\FM\16AUR1.SGM 16AUR1 40680 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. sradovich on DSK3GMQ082PROD with RULES A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the conclusion that this rule is not a significant regulatory action. Vessel traffic will be able to safely transit around this safety zone, which impacts a small designated area of Dunkirk Harbor. The event will also have built in times where vessels will be able to transit through the safety zone during breaks. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone, and the rule will 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 received 00 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 VerDate Sep<11>2014 15:45 Aug 15, 2018 Jkt 244001 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule establishes a temporary safety zone. It is categorically excluded from further review under paragraph L60 (a) of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 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.T09–0683 to read as follows: ■ § 165.T09–0683 Safety Zone; Great Lakes Offshore Grand Prix; Lake Erie, Dunkirk, NY. (a) Location. The safety zone will encompass all waters of Lake Erie, E:\FR\FM\16AUR1.SGM 16AUR1 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations Dunkirk, NY starting at position 42° 29′37.7″ N, 079° 21′17.7″ W then Northwest to 42° 29′45.2″ N, 079° 21′28.2″ W then Northeast to 42° 30′15.0″ N, 079° 21′20.0″ W then Northeast to 42°30′39.0″ N, 079° 19′46.0″ W then Southeast to 42° 30′09.3″ N, 079° 19′03.1″ W. (b) Enforcement period. This rule is effective from 10:00 a.m. until 5:00 p.m. on August 19, 2018 with a rain date of August 18, 2018. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on-scene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port Buffalo, or his on-scene representative. Dated: August 13, 2018. Kenneth E. Blair, Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2018–0777] sradovich on DSK3GMQ082PROD with RULES RIN 1625–AA00 Safety Zone; Sandusky Bicentennial Fireworks, Sandusky Bay, Sandusky, OH Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone on SUMMARY: VerDate Sep<11>2014 15:45 Aug 15, 2018 Jkt 244001 Sandusky Bay, in the vicinity of Sandusky, OH. This zone is intended to restrict vessels from portions of the Sandusky Bay for the Sandusky Bicentennial Fireworks. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port Detroit, or his designated representative. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. provide a reasonable comment period and then consider those comments before issuing the rule. 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. Waiting for a 30-day effective period to run is impracticable and contrary to the public interest for the reasons discussed in the preceding paragraph. This temporary final rule is effective from 8:10 p.m. through 9:35 p.m. on August 19th, 2018. ADDRESSES: Documents mentioned in this preamble are part of docket USCG– 2018–0777. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary rule, call or email MST1 Ryan Erpelding, Waterways Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 418–6037, email Ryan.G.Erpelding@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Detroit (COTP) has determined that potential hazards associated with fireworks displays starting after 9:10 p.m. on August 19th, 2018 will be a safety concern for anyone within a 420 foot radius of the launch site. The likely combination of recreational vessels, darkness punctuated by bright flashes of light, and fireworks debris falling into the water presents risks of collisions, which could result in serious injuries or fatalities. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the fireworks display. DATES: 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 [FR Doc. 2018–17697 Filed 8–15–18; 8:45 am] 40681 The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable. The Coast Guard did not receive the final details of this fireworks display in time to publish an NPRM. As such, it is impracticable to publish an NPRM because we lack sufficient time to PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 III. Legal Authority and Need for Rule IV. Discussion of the Rule This rule establishes a safety zone that will be enforced from 8:10 p.m. through 9:35 p.m. on August 19, 2018. The safety zone will encompass all U.S. navigable waters of the Sandusky Bay within a 420 foot radius of the fireworks launch site located at position 41°27′53.31″ N, 082°42′15.85″ W with an alternate heavy wind location at position 41°27′55.24″ N, 082°42′17.86″ W. All geographic coordinates are North American Datum of 1983 (NAD 83). The duration of the zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the fireworks display. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port, Sector Detroit or his designated representative. The Captain of the Port, Sector Detroit or his 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. E:\FR\FM\16AUR1.SGM 16AUR1

Agencies

[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Rules and Regulations]
[Pages 40679-40681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17697]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0683]
RIN 1625-AA00


Safety Zone; Great Lakes Offshore Grand Prix, Lake Erie, Dunkirk, 
NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of Dunkirk Harbor, Lake Erie, Dunkirk, NY. This safety 
zone is intended to restrict vessels from portions of Dunkirk Harbor 
during the Great Lakes Offshore Grand Prix. This temporary safety zone 
is necessary to protect mariners and vessels from the navigational 
hazards associated with this regatta. Entry of vessels or persons into 
this zone is prohibited unless specifically authorized by the Captain 
of the Port Buffalo.

DATES: This rule is effective from 10:00 a.m. on August 18, 2018 until 
5:00 p.m. on August 19, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0683 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Sean Dolan, Chief 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 March 22, 2018, Dunkirk Local Development Corporation and 
Dunkirk Festivals notified the Coast Guard that it will conducting a 
professional high speed powerboat race from 10:00 a.m. until 5:00 p.m. 
on August 19, 2018. In response, on July 23, 2018, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled ``Great Lakes 
Offshore Grand Prix; Lake Erie, Dunkirk, NY'' (83 FR 34804, July 23, 
2018). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this event. During the 
comment period that ended August 7, 2018, we received no comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the rule's objectives of 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 Great 
Lakes Offshore Grand Prix 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
23, 2018. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 10:00 a.m. until 5:00 p.m. 
on August 19, 2018, with a rain date of August 18, 2018. The safety 
zone will encompass all navigable waters of Lake Erie, Dunkirk, NY 
starting at position 42[deg]29'37.7'' N, 079[deg]21'17.7'' W then 
Northwest to 42[deg]29'45.2'' N, 079[deg]21'28.2'' W then Northeast to 
42[deg]30'15.0'' N, 079[deg]21'20.0'' W then Northeast to 
42[deg]30'39.0'' N, 079[deg]19'46.0'' W then Southeast to 
42[deg]30'09.3'' N, 079[deg]19'03.1'' W. The duration of the zone is 
intended to enhance the safety of vessels and these navigable waters 
before, during, and after the scheduled 10:00 a.m. until 5:00 p.m. boat 
races.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses

[[Page 40680]]

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 conclusion 
that this rule is not a significant regulatory action. Vessel traffic 
will be able to safely transit around this safety zone, which impacts a 
small designated area of Dunkirk Harbor. The event will also have built 
in times where vessels will be able to transit through the safety zone 
during breaks. Moreover, the Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone, and the rule 
will 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 received 00 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 
Directive 023-01 and Commandant Instruction M16475.1D, which guide the 
Coast Guard in complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321-4370f), and have determined that this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule 
establishes a temporary safety zone. It is categorically excluded from 
further review under paragraph L60 (a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 
1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T09-0683 to read as follows:


Sec.  165.T09-0683  Safety Zone; Great Lakes Offshore Grand Prix; Lake 
Erie, Dunkirk, NY.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie,

[[Page 40681]]

Dunkirk, NY starting at position 42[deg] 29'37.7'' N, 079[deg] 
21'17.7'' W then Northwest to 42[deg] 29'45.2'' N, 079[deg] 21'28.2'' W 
then Northeast to 42[deg] 30'15.0'' N, 079[deg] 21'20.0'' W then 
Northeast to 42[deg]30'39.0'' N, 079[deg] 19'46.0'' W then Southeast to 
42[deg] 30'09.3'' N, 079[deg] 19'03.1'' W.
    (b) Enforcement period. This rule is effective from 10:00 a.m. 
until 5:00 p.m. on August 19, 2018 with a rain date of August 18, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: August 13, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-17697 Filed 8-15-18; 8:45 am]
 BILLING CODE 9110-04-P

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