Safety Zone; Perch and Pilsner Fireworks; Lake Erie, Conneaut, OH, 45342-45344 [2018-19457]
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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations
Patrol Commander (PATCOM). If
established, the PATCOM may be
contacted on VHF–FM Channel 16 by
using the call sign ‘‘PATCOM’’. The
COTP or designated representative may
be contacted by phone at 314–269–2332
or VHF–FM Channel 16.
(2) All persons and vessels not
registered with the event sponsor as
sponsors or official patrol vessels are
considered ‘‘spectators’’. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, State and local law enforcement,
and sponsor provided vessels assigned
or approved by the COTP to patrol the
regulated area.
(3) Spectator vessels desiring to enter,
transit through or within, or exit the
regulated area may do so only with
permission from the COTP or a
designated representative and, when
permitted by the COTP or a designated
representative, must operate at a
minimum safe navigation speed in a
manner which will not endanger event
participants or other persons or vessels
within the regulated area.
(4) No spectator vessel shall anchor,
block, loiter, or impede the through
transit of event participant or official
patrol vessels in the regulated area
during the effective dates and times,
unless cleared for entry by or through an
official patrol vessel.
(5) Any spectator vessel may anchor
outside the regulated area, but may not
anchor in, block, or loiter in a navigable
channel.
(6) The COTP or designated
representative may forbid and control
the movement of any and all vessels in
the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, a citation for failure to
comply, or both.
(7) The COTP or designated
representative may terminate the event
or the operation of any vessel at any
time it is deemed necessary for the
protection of life or property. The COTP
or a designated representative will
terminate the enforcement of the
temporary special local regulation at the
conclusion of the event.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement times and the
establishment of a PATCOM for this
regulated area through Broadcast
Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or
Safety Marine Information Bulletins
(SMIBs) as appropriate.
VerDate Sep<11>2014
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Dated: September 4, 2018
R.M. Scott,
Commander, U.S. Coast Guard, Acting
Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2018–19448 Filed 9–6–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0814]
RIN 1625-AA00
Safety Zone; Perch and Pilsner
Fireworks; Lake Erie, Conneaut, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 210-foot
radius of the fireworks launch site at
500 Erie Street, Conneaut, OH. This
safety zone is needed to restrict vessels
from a portion of Lake Erie during the
Perch and Pilsner Festival fireworks
display. This temporary safety zone is
necessary to protect personnel, vessels,
and the marine environment from the
potential hazards associated with a
fireworks display. Entry of vessels or
persons into this zone is prohibited
unless specifically authorized by the
Captain of the Port Sector Buffalo.
DATES: This rule is effective from 8:15
p.m. until 9:00 p.m. on September 8,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0814 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 Ryan Junod, Chief of
Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland;
telephone 216–937–0124, email
Ryan.S.Junod@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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
PO 00000
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Fmt 4700
Sfmt 4700
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.’’ 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 the event
sponsor did not submit notice to the
Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Thus, delaying the effective date
of this rule to wait for a comment period
to run would be contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with a
maritime fireworks display.
Under 5 U.S.C. 553 (d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register because doing so
would be impracticable and contrary to
the public interest. 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 near
the maritime fireworks display.
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, NY (COTP)
has determined that potential hazards
associated with vessels in the vicinity of
firework displays on September 8, 2018
will be a safety concern for vessels and
spectators within a 210 foot radius of
the launch point of the fireworks. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while the fireworks display is
happening.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:15 p.m. through 9:00 p.m. on
September 8, 2018. The safety zone will
cover all navigable waters within 210foot of the fireworks launch site at
position 41°58′01.64″ N, 080°33′38.22″
W, 500 Erie St, Conneaut, OH. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations
designated 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
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
daltland on DSKBBV9HB2PROD 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. We
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for a
relatively short time. Also, the safety
zone has been designed to allow vessels
to transit around it. Thus, restrictions on
vessel movement within that 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 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.
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Jkt 244001
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
PO 00000
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Fmt 4700
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45343
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.
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 involves a safety
zone lasting one hour that will prohibit
entry within 210-foot radius of the
launch area for the fireworks display. 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:
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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for part 165
continues to read as follows:
Coast Guard
■
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.
[Docket Number USCG–2018–0854]
RIN 1625–AA00
2. Add § 165.T09–0814 to read as
follows:
Safety Zone; Moonlight on the Bay
Fireworks, Presque Isle Bay, Lake Erie,
Erie, PA
§ 165.T09–0814 Safety Zone; Perch and
Pilsner Fireworks; Lake Erie, Conneaut, OH.
AGENCY:
■
(a) Location. This zone will
encompass all U.S waterways within a
210-foot radius of the fireworks launch
site located at position 41°58′01.64″ N,
080°33′38.22″ W, Conneaut, OH (NAD
83).
(b) Effective and enforcement period.
This regulation is effective and will be
enforced on September 8, 2018 from
8:15 p.m. until 9:00 p.m.
(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 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.
daltland on DSKBBV9HB2PROD with RULES
33 CFR Part 165
Dated: September 4, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting
Captain of the Port Buffalo.
[FR Doc. 2018–19457 Filed 9–6–18; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
16:12 Sep 06, 2018
Jkt 244001
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 280-foot
radius of the launch site located at Erie
Sand and Gravel, Presque Isle Bay, Erie,
PA. This safety zone is intended to
restrict vessels from portions of Presque
Isle Bay during the Moonlight on the
Bay fireworks display. This temporary
safety zone is necessary to protect
mariners and vessels from the
navigational hazards associated with a
fireworks display. 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 9:30
p.m. until 11:00 p.m. on September 7,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0854 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
Waterways Management Division, U.S.
Coast Guard; telephone 716–843–9322,
email D09-SMB-SECBuffalo-WWM@
uscg.mil.
SUMMARY:
SUPPLEMENTARY INFORMATION:
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
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
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
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 the
event sponsor did not submit notice to
the Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Delaying the effective date
would be contrary to the rule’s
objectives of enhancing safety of life on
the navigable water and protection of
persons and vessels in vicinity of the
fireworks display.
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 enhancing safety of life on
the navigable waters and protection of
persons and vessels in vicinity of the
fireworks display.
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 that a fireworks display
presents significant risks to the public
safety and property. Such hazards
include premature and accidental
detonations, dangerous projectiles, and
falling or burning debris. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the fireworks display takes place.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone on September 7, 2018, from
9:30 p.m. until 11:00 p.m. The safety
zone will encompass all waters of
Presque Isle Bay, Erie, PA contained
within a 280-foot radius of: 42°08′55.3″
N, 80°04′58.1″ W.
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
based on a number of these statutes and
E:\FR\FM\07SER1.SGM
07SER1
]]>Agencies
[Federal Register Volume 83, Number 174 (Friday, September 7, 2018)]
[Rules and Regulations]
[Pages 45342-45344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19457]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0814]
RIN 1625-AA00
Safety Zone; Perch and Pilsner Fireworks; Lake Erie, Conneaut, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 210-foot radius of the fireworks launch site
at 500 Erie Street, Conneaut, OH. This safety zone is needed to
restrict vessels from a portion of Lake Erie during the Perch and
Pilsner Festival fireworks display. This temporary safety zone is
necessary to protect personnel, vessels, and the marine environment
from the potential hazards associated with a fireworks display. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Buffalo.
DATES: This rule is effective from 8:15 p.m. until 9:00 p.m. on
September 8, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0814 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 Ryan Junod, Chief of Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, 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
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.'' 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 the event sponsor did not submit
notice to the Coast Guard with sufficient time remaining before the
event to publish an NPRM. Thus, delaying the effective date of this
rule to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a maritime
fireworks display.
Under 5 U.S.C. 553 (d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register because doing so would be
impracticable and contrary to the public interest. 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 near the maritime fireworks display.
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, NY (COTP) has determined that
potential hazards associated with vessels in the vicinity of firework
displays on September 8, 2018 will be a safety concern for vessels and
spectators within a 210 foot radius of the launch point of the
fireworks. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the fireworks display is happening.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:15 p.m. through 9:00
p.m. on September 8, 2018. The safety zone will cover all navigable
waters within 210-foot of the fireworks launch site at position
41[deg]58'01.64'' N, 080[deg]33'38.22'' W, 500 Erie St, Conneaut, OH.
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a
[[Page 45343]]
designated 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
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. We anticipate
that it will have minimal impact on the economy, will not interfere
with other agencies, will not adversely alter the budget of any grant
or loan recipients, and will not raise any novel legal or policy
issues. The safety zone created by this rule will be relatively small
and enforced for a relatively short time. Also, the safety zone has
been designed to allow vessels to transit around it. Thus, restrictions
on vessel movement within that 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 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 above.
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 involves
a safety zone lasting one hour that will prohibit entry within 210-foot
radius of the launch area for the fireworks display. 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:
[[Page 45344]]
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. Add Sec. 165.T09-0814 to read as follows:
Sec. 165.T09-0814 Safety Zone; Perch and Pilsner Fireworks; Lake
Erie, Conneaut, OH.
(a) Location. This zone will encompass all U.S waterways within a
210-foot radius of the fireworks launch site located at position
41[deg]58'01.64'' N, 080[deg]33'38.22'' W, Conneaut, OH (NAD 83).
(b) Effective and enforcement period. This regulation is effective
and will be enforced on September 8, 2018 from 8:15 p.m. until 9:00
p.m.
(c) 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) 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: September 4, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-19457 Filed 9-6-18; 8:45 am]
BILLING CODE 9110-04-P
