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. 

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 

■ 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 

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 

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 


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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 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 Ryan.G.Erpelding@uscg.mil. 

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 § 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. 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0528] 

RIN 1625–AA00 

Safety Zone; Hope Chest Buffalo 

Niagara Dragon Boat Festival, Buffalo 

River, Buffalo, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: 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. 

DATES: 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 http://

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. 

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 

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. 

IV. Discussion of the Rule 

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 


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