Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 40679 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T09–0732 to read as 

follows: 

§ 100.T09–0732 Special Local Regulation; 

Michigan Championships; Detroit River; 

Detroit, MI. 

(a) Location. A regulated area is 

established to encompass the following 

waterway: All waters of the Detroit 

River and Belle Isle Beach between the 

following two lines: The first line is 

drawn directly across the channel from 

position 42°20.517′ N, 082°59.159′ W to 

42°20.705′ N, 082°59.233′ W (NAD 83); 

the second line, to the north, is drawn 

directly across the channel from 

position 42°20.754′ N, 082°58.681′ W to 

42°20.997′ N, 082°58.846′ W (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) of this 

section will be enforced from 7 a.m. 

until 11 a.m. on September 2, 2018. 

(c) Special local regulations. (1) 

Vessels transiting through the regulated 

area are to maintain the minimum 

speeds for safe navigation. 

(2) Vessel operators desiring to 

operate in the regulated area must 

contact the Coast Guard Patrol 

Commander to obtain permission to do 

so. The Captain of the Port Detroit 

(COTP) or his on-scene representative 

may be contacted via VHF Channel 16 

or at (313) 568–9560. Vessel operators 

given permission to operate within the 

regulated area must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the COTP Detroit is any Coast Guard 

commissioned, warrant or petty officer 

or a Federal, State, or local law 

enforcement officer designated by or 

assisting the Captain of the Port Detroit 

to act on his behalf. 

Dated: August 10, 2018. 

Jeffrey W. Novak, 

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

Port Detroit. 

[FR Doc. 2018–17699 Filed 8–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0683] 

RIN 1625–AA00 

Safety Zone; Great Lakes Offshore 

Grand Prix, Lake Erie, Dunkirk, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of Dunkirk Harbor, 

Lake Erie, Dunkirk, NY. This safety zone 

is intended to restrict vessels from 

portions of Dunkirk Harbor during the 

Great Lakes Offshore Grand Prix. This 

temporary safety zone is necessary to 

protect mariners and vessels from the 

navigational hazards associated with 

this regatta. 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 10:00 

a.m. on August 18, 2018 until 5:00 p.m. 

on August 19, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0683 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 of 

Waterways Management, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9322, email D09-SMB-SECBuffaloWWM@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 

On March 22, 2018, Dunkirk Local 

Development Corporation and Dunkirk 

Festivals notified the Coast Guard that 

it will conducting a professional high 

speed powerboat race from 10:00 a.m. 

until 5:00 p.m. on August 19, 2018. In 

response, on July 23, 2018, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled ‘‘Great Lakes 

Offshore Grand Prix; Lake Erie, Dunkirk, 

NY’’ (83 FR 34804, July 23, 2018). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this event. 

During the comment period that ended 

August 7, 2018, we received no 

comments. 

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 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 Great Lakes Offshore 

Grand Prix 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 Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published July 

23, 2018. There are no changes in the 

regulatory text of this rule from the 

proposed rule in the NPRM. 

This rule establishes a safety zone 

from 10:00 a.m. until 5:00 p.m. on 

August 19, 2018, with a rain date of 

August 18, 2018. The safety zone will 

encompass all navigable waters of Lake 

Erie, Dunkirk, NY starting at position 

42°29′37.7′′ N, 079°21′17.7′′ W then 

Northwest to 42°29′45.2′′ N, 

079°21′28.2′′ W then Northeast to 

42°30′15.0′′ N, 079°21′20.0′′ W then 

Northeast to 42°30′39.0′′ N, 079°19′46.0′′ 

W then Southeast to 42°30′09.3′′ N, 

079°19′03.1′′ W. The duration of the 

zone is intended to enhance the safety 

of vessels and these navigable waters 

before, during, and after the scheduled 

10:00 a.m. until 5:00 p.m. boat races. 

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 


sradovich on DSK3GMQ082PROD with RULES
40680 Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 

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. 

Vessel traffic will be able to safely 

transit around this safety zone, which 

impacts a small designated area of 

Dunkirk Harbor. The event will also 

have built in times where vessels will be 

able to transit through the safety zone 

during breaks. Moreover, the Coast 

Guard will issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the zone, and the rule will 

allow vessels to seek permission to enter 

the zone. 

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 00 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 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. 

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: 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.T09–0683 to read as 

follows: 

§ 165.T09–0683 Safety Zone; Great Lakes 

Offshore Grand Prix; Lake Erie, Dunkirk, 

NY. 

(a) Location. The safety zone will 

encompass all waters of Lake Erie, 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Rules and Regulations 40681 

Dunkirk, NY starting at position 42° 

29′37.7′′ N, 079° 21′17.7′′ W then 

Northwest to 42° 29′45.2′′ N, 079° 

21′28.2′′ W then Northeast to 42° 

30′15.0′′ N, 079° 21′20.0′′ W then 

Northeast to 42°30′39.0′′ N, 079° 

19′46.0′′ W then Southeast to 42° 

30′09.3′′ N, 079° 19′03.1′′ W. 

(b) Enforcement period. This rule is 

effective from 10:00 a.m. until 5:00 p.m. 

on August 19, 2018 with a rain date of 

August 18, 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: August 13, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–17697 Filed 8–15–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0777] 

RIN 1625–AA00 

Safety Zone; Sandusky Bicentennial 

Fireworks, Sandusky Bay, Sandusky, 

OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

Sandusky Bay, in the vicinity of 

Sandusky, OH. This zone is intended to 

restrict vessels from portions of the 

Sandusky Bay for the Sandusky 

Bicentennial Fireworks. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port 

Detroit, or his designated representative. 

This temporary safety zone is necessary 

to protect spectators and vessels from 

the hazards associated with fireworks 

displays. 

DATES: This temporary final rule is 

effective from 8:10 p.m. through 9:35 

p.m. on August 19th, 2018. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2018–0777. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email MST1 Ryan 

Erpelding, Waterways Department, 

Marine Safety Unit Toledo, Coast Guard; 

telephone (419) 418–6037, email 

Ryan.G.Erpelding@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 final 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. Waiting for a 30-day effective 

period to run is impracticable and 

contrary to the public interest for the 

reasons discussed in the preceding 

paragraph. 

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 hazards 

associated with fireworks displays 

starting after 9:10 p.m. on August 19th, 

2018 will be a safety concern for anyone 

within a 420 foot radius of the launch 

site. The likely combination of 

recreational vessels, darkness 

punctuated by bright flashes of light, 

and fireworks debris falling into the 

water presents risks of collisions, which 

could result in serious injuries or 

fatalities. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone during the 

fireworks display. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

will be enforced from 8:10 p.m. through 

9:35 p.m. on August 19, 2018. The 

safety zone will encompass all U.S. 

navigable waters of the Sandusky Bay 

within a 420 foot radius of the fireworks 

launch site located at position 

41°27′53.31′′ N, 082°42′15.85′′ W with 

an alternate heavy wind location at 

position 41°27′55.24′′ N, 082°42′17.86′′ 

W. All geographic coordinates are North 

American Datum of 1983 (NAD 83). 

The duration of the zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters during the fireworks display. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port, Sector Detroit or his designated 

representative. The Captain of the Port, 

Sector Detroit or his designated 

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. 


sradovich on DSK3GMQ082PROD with RULES