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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27708 Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 

to 42°52′03.0′′ N, 078°52′10.0′′ W then 

Northwest to 42°52′13.0′′ N, 

078°52′16.0′′ W then returning to the 

point of origin. 

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 

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 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. 


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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations 27709 

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.T09–0528 to read as 

follows: 

§ 165.T09–0528 Safety Zone; Hope Chest 

Buffalo Niagara Dragon Boat Festival, 

Buffalo River, Buffalo, NY. 

(a) Location. 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 to 42°52′03.0′′ N, 

078°52′10.0′′ W then Northwest to 

42°52′13.0′′ N, 078°52′16.0′′ W then 

returning to the point of origin. 

(b) Enforcement period. This 

regulation will be enforced from 8:00 

a.m. until 5:30 p.m. on June 16, 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: June 8, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–12763 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–2018–0511] 

RIN 1625–AA00 

Safety Zone; Grosse Ile Yacht Club 

Fireworks, Detroit River, Grosse Ile, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 280-foot 

radius of a portion of the Detroit River, 

Grosse Ile, MI. This zone is necessary to 

protect spectators and vessels from 

potential hazards associated with the 

Grosse Ile Fireworks. 

DATES: This temporary final rule is 

effective from 10 p.m. on June 30, 2018 

through 11 p.m. on July 1, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0511 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 temporary 

rule, call or email Tracy Girard, 

Prevention Department, Sector Detroit, 

Coast Guard; telephone 313–568–9564, 

or email Tracy.M.Girard@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Detroit 

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 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 

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. Delaying the effective date of 

this rule would inhibit the Coast 

Guard’s ability to protect participants, 

mariners and vessels from the hazards 

associated with this 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 Detroit (COTP) has 

determined that potential hazard 

associated with fireworks from 10 p.m. 

on June 30, 2018 through 11 p.m. on 

July 1, 2018 will be a safety concern to 

anyone within a 280-foot radius of the 

launch site. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

fireworks are being displayed. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 10 p.m. on June 30 through 11 p.m. 

on July 1, 2018. The safety zone will 

encompass all U.S. navigable waters of 

Detroit River, Grosse Ile, MI, within a 

280-foot radius of position 42°05.390′ N, 

083°09.065′ W (NAD 83). The safety 

zone will be enforced from 10 p.m. to 

11 p.m. on June 30, 2018. In the case of 

inclement weather on June 30, 2018, 

this safety zone will be enforced from 10 

p.m. to 11 p.m. on July 1, 2018. No 

vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

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. 


daltland on DSKBBV9HB2PROD with RULES