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 


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30042 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 

regarding the advance notice of 

proposed rulemaking. Out of the 125 

comments received, 123 comments were 

in support of modifying the existing 

safety and security zone around the 

bridge between Liberty State Park and 

Ellis Island, almost all of which 

emphasized improving navigation 

safety. The sole comment opposing 

modification of the zone, provided by 

the National Park Service, expressed 

security concerns regarding Ellis and 

Liberty Islands due to their historical 

symbolism. The singular neutral 

comment received was unclear as to the 

commenter’s view on the proposed 

safety and security zone modification. 

The comment addressed the federal job 

hiring process and stated that all 

security zones should be eliminated, 

both of which are outside the purview 

of this rulemaking. 

In response to the comments received 

on the above mentioned ANPRM, on 

April 20, 2018, 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 (83 FR 

17513). The NPRM solicited public 

comments on our proposed regulatory 

action related to the safety and security 

zone modification. During the comment 

period that ended May 21, 2018, we 

received 40 comments. 

Under 5 U.S.C. 553(d)(1), the Coast 

Guard finds that an exception exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. This safety and security zone 

modification allows greater access to a 

previously restricted area. Although the 

current regulation allows vessels to 

transit under the Ellis Island Bridge 

with COTP permission, this 

modification grants standing COTP 

approval for certain vessels to transit 

underneath the bridge during specific 

time periods. Thus, this modification 

lessens the regulatory burden on these 

vessels by allowing transit through the 

safety and security zone without 

needing to seek prior COTP permission. 

As this rule relieves a restriction, the 

Coast Guard finds that delaying the 

effective date of this rule is unnecessary. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

COTP New York has determined that 

the vessel congestion in the Anchorage 

Channel presents a hazard to mariners 

within New York Harbor. The purpose 

of this safety and security zone 

modification is to increase navigational 

safety within New York Harbor. By 

permitting greater access for human 

powered vessels to transit underneath 

the bridge between Ellis Island and 

Liberty State Park, the vessel congestion 

in the adjacent Anchorage Channel will 

be reduced. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received 40 

comments on our NPRM published 

April 20, 2018. Of the 40 comments 

received, 39 were in support of 

modifying the existing safety and 

security zone to allow transit 

underneath the Ellis Island Bridge, 

stating navigational safety will improve. 

The sole neutral comment addressed the 

United States’ trade relations with 

China and is outside the purview of this 

rulemaking. 

We received 25 comments 

recommending the 16 foot vessel length 

either be eliminated or increased. 10 

comments noted that many kayaks are 

greater than 16 feet in length, with some 

of these comments specifically noting 

that many sea kayaks are 18 feet or 

longer. 4 comments discussed that many 

canoes or row gigs navigating this area 

are longer than 16 feet, ranging between 

25 to 35 feet. We received other 

comments stating human powered 

vessels in New York Harbor can exceed 

45 feet. Based on these comments, we 

are changing the regulatory text of the 

NPRM to reflect that human powered 

vessels with a length equal to or less 

than 25 feet may transit the zone. 

Increasing the permissible length to 

equal to or less than 25 feet balances the 

need for ensuring navigational safety 

and providing adequate security for 

Ellis and Liberty Islands. In addition, 

mariners with human powered vessels 

greater than 25 feet in length may 

request COTP permission to transit the 

zone and these requests will be 

evaluated on a case-by-case basis. 

We received 15 comments regarding 

access to the safety and security zone 

during weekdays and throughout the 

year. These comments noted that the 

congestion in the Anchorage Channel 

poses a navigational safety concern to 

human powered vessels regardless of 

the day of the week or season of the 

year. Commenters further stated that 

many human powered vessel trips are 

based upon favorable tides and weather. 

Due to agency resource constraints, 

pre-approved access to the zone cannot 

be extended to encompass all weekdays 

without compromising the required 

security posture necessary to protect 

these national symbols. Similarly, 

extending pre-approved access beyond 

the summer boating season poses an 

unacceptable risk due to the lack of 

sufficient resources to adequately 

maintain the required security presence 

such access demands. Vessel congestion 

in New York Harbor is greatest on 

weekend days during the summer 

months. Limiting pre-approval to 

certain vessels transiting the zone on 

weekends during the peak summer 

boating season, will help ensure 

adequate security for Ellis and Liberty 

Islands and well as increase 

navigational safety. Mariners may 

request COTP authorization to access 

the zone on weekdays and throughout 

the year and each request will be 

evaluated on a case-by-case basis. 

We received 11 comments requesting 

an expansion of the time of day vessels 

are permitted to access the zone. 

Commenters requested vessels be 

permitted to transit from sunrise to 

sunset, one hour before sunrise and one 

hour after sunset, and 24 hour access to 

the zone. Commenters noted that many 

human powered vessel trips are based 

upon favorable tides, which do not 

necessary align with the times specified 

in the NRPM. The Coast Guard believes 

that security concerns warrant the need 

to limit the duration of time that transit 

is permissible. Visibility is greatly 

reduced outside of the times specified 

in the NPRM. Where there is reduced 

visibility the security threat is enhanced 

and necessitates limiting the preapproved access of the zone during 

daylight hours. Also, due to Coast Guard 

and NPS resource constraints, adequate 

security is unable to be provided at all 

times. The most congested time of day 

in New York harbor is during the 

daytime. Providing pre-approved COTP 

access to the zone during the busiest 

time of day allows the Coast Guard to 

balance the navigational safety concerns 

faced by human powered vessel users 

with the security concerns of these 

historical landmarks. 

We received 3 comments 

recommending there be a way to contact 

the agencies through use of a VHF radio, 

in addition to the phone number 

contact. The Coast Guard is changing 

the regulatory text of the NPRM to add 

VHF Channel 13 as an additional 

notification method. 

Additional changes to the regulatory 

text between the NPRM and the Final 

Rule are incorporated below to improve 

understanding of the modification 

imposed by this rule. Based on the 

comments addressing concerns with the 

restriction on vessel length, weekday 

transit, and duration of time that transit 

is permissible, 33 CFR 165.169(b) 

provides that any person or vessel may 

request COTP authorization to access 

the zone throughout the year and each 

request will be evaluated on a case-bycase basis. The text in the NPRM 

referred to the zone as a ‘‘security 


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Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 30043 

zone.’’ Per 33 CFR 165.169, it remains 

both a safety and security zone. Both the 

preamble and the regulatory text now 

reflect this fact. 

This rule modifies an existing safety 

and security zone. The modification 

allows certain vessels to transit 

underneath the Ellis Island Bridge on 

weekends and Federally Observed 

Holidays on a Friday or Monday, 

beginning on Memorial Day Weekend 

through October 1, between one hour 

after sunrise and one hour before sunset. 

Vessels making this transit (a) must be 

able to safely navigate underneath the 

bridge, (b) be human powered vessels 

with a length equal to or less than 25 

feet and (c) meet the horizontal and 

vertical navigational bridge clearances. 

This rule allows for pre-approved COTP 

permission to transit the zone when 

meeting the conditions listed in the 

regulatory text. In accordance with 33 

CFR 165.169(b), any person or vessel 

may still request COTP permission to 

access the Ellis Island Bridge security 

zone at any time and each request will 

be considered on a case-by-case basis. 

The modified regulatory text is at the 

end of this document. 

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 modification allowing 

increased access to a previously 

restricted area. While the current 

regulation allows vessels to transit 

under the Ellis Island Bridge with COTP 

authorization, this modification grants 

standing COTP approval for certain 

vessels to transit underneath the bridge 

during specific time periods. Thus, this 

modification lessens the regulatory 

burden on these vessels by allowing 

transit through the security zone 

without needing to seek prior COTP 

permission. Moreover, the Coast Guard 

will make the boating public aware of 

this modification through publication in 

the Local Notice to Mariners, enhancing 

public notice of the reduction of the 

regulatory burden on certain vessels. 

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 no 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 security 

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 will 

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 Order13132. 

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 modifies a 

security zone surrounding the bridge 

between Liberty State Park and Ellis 

Island in order to permit greater vessel 

access. It is categorically excluded from 


nshattuck on DSK9F9SC42PROD with RULES
30044 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 

further review under paragraph L60(b) 

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. In § 165.169, revise paragraph (a)(4) 

to read as follows: 

§ 165.169 Safety and Security Zones: New 

York Marine Inspection Zone and Captain of 

the Port Zone. 

(a) * * * 

(4) Liberty and Ellis Islands—(i) 

Location. All waters within 150 yards of 

Liberty Island and Ellis Island, and the 

Ellis Island Bridge. 

(ii) Ellis Island Bridge. In addition to 

any person or vessel authorized 

pursuant to paragraph (b) of this section, 

vessels may transit underneath the Ellis 

Island Bridge subject to the following 

conditions: 

(A) Dates/Times: On weekends only, 

to include Federally Observed Holidays 

on a Friday or Monday, from Memorial 

Day Weekend through October 1 each 

year, between one hour after sunrise and 

one hour before sunset. 

(B) Vessel types: Human powered 

vessels equal to or less than twenty five 

feet. Human powered vessels must be 

able to safely navigate under the bridge. 

(C) Notification: Human powered 

vessels desiring to transit shall contact 

the United States Park Police Command 

Center at 212–363–3260 or VHF CH 13 

regarding intentions of passage prior to 

entering the safety and security zone 

and transiting under the Ellis Island 

Bridge. 

(D) Route: Transits through the safety 

and security zone and under the bridge 

shall occur only at the designated route 

marked with lights and signage. 

(E) Passage: Vessels transiting under 

the Ellis Island Bridge shall make 

expeditious passage and not stop or 

loiter within the safety and security 

zone. 

(iii) Enforcement period. The safety 

and security zone described in this 

subsection is effective at all times. 

Although certain vessels have 

permission to enter the safety and 

security zone to transit under the Ellis 

Island Bridge subject to the conditions 

outlined in paragraphs (a)(4)(ii)(A)–(E) 

of this section, the safety and security 

zone is in effect permanently and can be 

enforced at any time. When deemed 

necessary the COTP may rescind the 

permission granted in paragraphs 

(a)(4)(ii)(A)–(E) of this section for any 

period of time. 

* * * * * 

Dated: June 4, 2018. 

M. H. Day, 

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

Port New York. 

[FR Doc. 2018–13863 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–2018–0595] 

RIN 1625–AA00 

Safety Zone; Town of Hamburg July 

3rd Party, Lake Erie, Blasdell, NY 

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 located at 

Woodlawn Beach, Lake Erie, Blasdell, 

NY. This safety zone is intended to 

restrict vessels from portions of Lake 

Erie during Town of Hamburg July 3rd 

Party. 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 9:45 

p.m. until 10:45 p.m. on July 3, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0595 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 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 of 

this rule to wait for a comment period 

to run would be impracticable and 

contrary to the public interest by 

inhibiting the Coast Guard’s ability to 

protect spectators and vessels form the 

hazards associated with a 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 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 in vicinity of the 

fireworks display. 


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