Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 30039 

§ 117.531 [Amended] 

■ 14. Amend § 117.531 by removing and 

reserving paragraph (c)(2). 

§ 117.591 [Amended] 

■ 15. Amend § 117.591 by removing 

paragraph (b) and redesignating 

paragraphs (c) through (f) as paragraphs 

(b) through (e). 

§ 117.599 [Removed] 

■ 16. Remove § 117.599. 

§ 117.601 [Removed] 

■ 17. Remove § 117.601. 

§ 117.605 [Amended] 

■ 18. Amend § 117.605 by removing 

paragraph (b) and redesignating 

paragraph (c) as paragraph (b). 

■ 19. Revise § 117.609 to read as 

follows: 

§ 117.609 Mystic River. 

The draw of the S99 Alford Street 

Bridge, mile 1.4, shall open on signal; 

except that, Monday through Saturday, 

excluding holidays, the draw need not 

open for the passage of vessel traffic 

from 7:45 a.m. to 9 a.m., 9:10 a.m. to 10 

a.m., and 5 p.m. to 6 p.m., daily. From 

November 1 through March 31, between 

3 p.m. and 7 a.m., at least an eight-hour 

advance notice is required for bridge 

openings by calling the number posted 

at the bridge. 

§ 117.613 [Removed] 

■ 20. Remove § 117.613. 

§ 117.738 [Removed] 

■ 21. Remove § 117.738. 

■ 22. Revise paragraph (n) in § 117.739 

to read as follows: 

§ 117.739 Passaic River. 

* * * * * 

(n) West Eighth Street Bridge, mile 

15.3, at Garfield need not open for the 

passage of vessels. 

* * * * * 

§ 117.779 [Removed] 

■ 23. Remove § 117.779. 

§ 117.805 [Removed] 

■ 24. Remove § 117.805. 

■ 25. In § 117.1059: 

■ a. Revise paragraph (c). 

■ b. Remove paragraphs (d) and (h). 

■ c. Redesignate paragraphs (e), (f) and 

(g) as (d), (e) and (f). 

■ d. Revise newly redesignated 

paragraph (f). 

The revisions read as follows: 

§ 117.1059 Snohomish River, Steamboat 

Slough, and Ebey Slough. 

* * * * * 

(c) The draws of the twin, SR 529, 

highway bridges across the Snohomish 

River, mile 3.6, at Everett shall open on 

signal if notice is provided at least one 

hour in advance. Notice for openings 

shall be given by marine radio, 

telephone or other means to the 

drawtender at the twin, SR 529, 

Highway Bridges across the Snohomish 

River, mile 3.6. One signal opens both 

draws. During freshets, a drawtender 

shall be in constant attendance, and the 

draws shall open on signal when so 

ordered by the District Commander. 

* * * * * 

(f) The draws of the twin SR 529, 

highway bridges across Steamboat 

Slough, miles 1.1 and 1.2, near 

Marysville, shall open on signal if 

notice is provided at least four hours in 

advance. Notice for openings shall be 

given by marine radio or telephone to 

the drawtender at the twin, SR 529, 

Highway Bridges across the Snohomish 

River, mile 3.6. One signal opens both 

draws. During freshets, a drawtender 

shall be in constant attendance, and the 

draws shall open on signal when so 

ordered by the District Commander. 

Brian L. Dunn, 

Chief, Bridge Program, Coast Guard 

Headquarters. 

[FR Doc. 2018–13760 Filed 6–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0467] 

RIN 1625–AA00 

Safety Zone; Lakewood Independence 

Day Fireworks; Lake Erie, Lakewood, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 420-foot 

radius of the launch site at Lakewood 

Park, Lakewood, OH. This safety zone is 

intended to restrict vessels from 

portions of Lake Erie during the 

Lakewood Independence Day 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 

Sector Buffalo. 

DATES: This rule is effective from 9:45 

p.m. until 10:45 p.m. on July 4, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0467 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: 

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 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 waters and protection of 

persons and vessels in the 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 


nshattuck on DSK9F9SC42PROD with RULES
30040 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 

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 safety zone on 

July 4, 2018, from 9:45 p.m. until 10:45 

p.m. The safety zone will encompass all 

waters of Lake Erie; Lakewood, OH 

contained within 420-foot radius of: 

41°29′50′′ N, 081°47′52′′ 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 

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 


nshattuck on DSK9F9SC42PROD with RULES
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 30041 

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.T09–0467 to read as 

follows: 

§ 165.T09–0467 Safety Zone; Lakewood 

Independence Day Fireworks; Lake Erie, 

Lakewood, 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°29′50′′ N, 

081°47′52′′ W, Lakewood, OH (NAD 83). 

(b) Enforcement period. This 

regulation is effective and will be 

enforced from 9:45 p.m. until 10:45 p.m. 

on July 4, 2018. 

(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 21, 2018. 

Joseph S. Dufresne, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2018–13747 Filed 6–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0799] 

RIN 1625–AA87 

Safety and Security Zones; New York 

Marine Inspection and Captain of the 

Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is modifying 

the safety and security zone 

surrounding the bridge between Liberty 

State Park and Ellis Island in order to 

increase navigational safety in New 

York Harbor. This modification 

authorizes certain vessels to transit 

underneath the bridge, reducing vessel 

congestion in the adjacent Anchorage 

Channel. All other persons and vessels 

continue to be prohibited from 

accessing the zone unless authorized by 

the Captain of the Port New York or a 

designated representative. 

DATES: This rule is effective on June 27, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0799 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 MST1 Kristina Pundt, Waterways 

Management at U.S. Coast Guard Sector 

New York, telephone 718–354–4352, 

email Kristina.H.Pundt@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 

ANPRM Advance notice of proposed 

rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

NPS National Park Service 

II. Background Information and 

Regulatory History 

On November 27, 2002, the Coast 

Guard published a NPRM entitled, 

‘‘Safety and Security Zones; New York 

Marine Inspection and Captain of the 

Port Zone’’ in the Federal Register (67 

FR 70892). The NPRM proposed to 

establish a permanent safety and 

security zone encompassing all waters 

within 150 yards of Liberty Island, Ellis 

Island, and the bridge between Liberty 

State Park and Ellis Island. We received 

no comments on the proposed rule. No 

public hearing was requested and none 

was held. The current 150-yard 

permanent safety and security zone 

around the bridge between Liberty State 

Park and Ellis Island became effective in 

January 2003 as enacted by a final rule 

entitled, ‘‘Safety and Security Zones; 

New York Marine Inspection Zone and 

Captain of the Port Zone’’ published in 

the Federal Register (68 FR 2886, 

January 22, 2003). 

On May 6, 2008, the Coast Guard 

published a NPRM entitled, ‘‘Safety and 

Security Zones; New York Marine 

Inspection Zone and Captain of the 

Port’’ in the Federal Register (73 FR 

24889). The NPRM proposed to modify 

several aspects of the permanent safety 

and security zone regulations within the 

New York Captain of the Port Zone. We 

received 15 comments regarding the 

proposed rule. A public meeting was 

requested to discuss the proposed 

expansion of the Liberty and Ellis Island 

safety and security zone to include all 

waters within 400 yards of these two 

islands and the bridge between Liberty 

State Park and Ellis Island. On February 

12, 2009, the Coast Guard published a 

final rule entitled, ‘‘Safety and Security 

Zones New York Marine Inspection 

Zone and Captain of the Port Zone’’ in 

the Federal Register (74 FR 7184). 

However, based on the comments 

received, the Coast Guard did not 

expand the Liberty and Ellis Island 

safety and security zone. As a result, a 

public meeting was unnecessary and the 

zone remained 150 yards. 

On November 3, 2016, the Coast 

Guard published an ANPRM entitled, 

‘‘Safety and Security Zones; New York 

Marine Inspection and Captain of the 

Port Zone’’ in the Federal Register (81 

FR 76545). The ANPRM solicited public 

comments on a potential rulemaking to 

modify the existing safety and security 

zone around the bridge between Liberty 

State Park and Ellis Island. In response 

to public requests, the comment period 

was reopened for an additional 60 day 

period on February 14, 2017 (82 FR 

10558). We received 125 comments 


nshattuck on DSK9F9SC42PROD with RULES