45342 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

Patrol Commander (PATCOM). If 

established, the PATCOM may be 

contacted on VHF–FM Channel 16 by 

using the call sign ‘‘PATCOM’’. The 

COTP or designated representative may 

be contacted by phone at 314–269–2332 

or VHF–FM Channel 16. 

(2) All persons and vessels not 

registered with the event sponsor as 

sponsors or official patrol vessels are 

considered ‘‘spectators’’. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, State and local law enforcement, 

and sponsor provided vessels assigned 

or approved by the COTP to patrol the 

regulated area. 

(3) Spectator vessels desiring to enter, 

transit through or within, or exit the 

regulated area may do so only with 

permission from the COTP or a 

designated representative and, when 

permitted by the COTP or a designated 

representative, must operate at a 

minimum safe navigation speed in a 

manner which will not endanger event 

participants or other persons or vessels 

within the regulated area. 

(4) No spectator vessel shall anchor, 

block, loiter, or impede the through 

transit of event participant or official 

patrol vessels in the regulated area 

during the effective dates and times, 

unless cleared for entry by or through an 

official patrol vessel. 

(5) Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. 

(6) The COTP or designated 

representative may forbid and control 

the movement of any and all vessels in 

the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, a citation for failure to 

comply, or both. 

(7) The COTP or designated 

representative may terminate the event 

or the operation of any vessel at any 

time it is deemed necessary for the 

protection of life or property. The COTP 

or a designated representative will 

terminate the enforcement of the 

temporary special local regulation at the 

conclusion of the event. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement times and the 

establishment of a PATCOM for this 

regulated area through Broadcast 

Notices to Mariners (BNMs), Local 

Notices to Mariners (LNMs), and/or 

Safety Marine Information Bulletins 

(SMIBs) as appropriate. 

Dated: September 4, 2018 

R.M. Scott, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Upper Mississippi 

River. 

[FR Doc. 2018–19448 Filed 9–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0814] 

RIN 1625-AA00 

Safety Zone; Perch and Pilsner 

Fireworks; Lake Erie, Conneaut, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a 210-foot 

radius of the fireworks launch site at 

500 Erie Street, Conneaut, OH. This 

safety zone is needed to restrict vessels 

from a portion of Lake Erie during the 

Perch and Pilsner Festival fireworks 

display. This temporary safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from the 

potential 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 8:15 

p.m. until 9:00 p.m. on September 8, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0814 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 find that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to 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. Thus, delaying the effective date 

of this rule to wait for a comment period 

to run would be contrary to the public 

interest by inhibiting the Coast Guard’s 

ability to protect spectators and vessels 

from the hazards associated with a 

maritime fireworks display. 

Under 5 U.S.C. 553 (d)(3), the Coast 

Guard finds that good cause exists for 

making this temporary 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 near 

the maritime 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, NY (COTP) 

has determined that potential hazards 

associated with vessels in the vicinity of 

firework displays on September 8, 2018 

will be a safety concern for vessels and 

spectators within a 210 foot radius of 

the launch point of the fireworks. This 

rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the fireworks display is 

happening. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 8:15 p.m. through 9:00 p.m. on 

September 8, 2018. The safety zone will 

cover all navigable waters within 210- 

foot of the fireworks launch site at 

position 41°58′01.64′′ N, 080°33′38.22′′ 

W, 500 Erie St, Conneaut, OH. No vessel 

or person will be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 


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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45343 

designated 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 involves a safety 

zone lasting one hour that will prohibit 

entry within 210-foot radius of the 

launch area for the fireworks display. 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: 


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45344 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

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.T09–0814 to read as 

follows: 

§ 165.T09–0814 Safety Zone; Perch and 

Pilsner Fireworks; Lake Erie, Conneaut, OH. 

(a) Location. This zone will 

encompass all U.S waterways within a 

210-foot radius of the fireworks launch 

site located at position 41°58′01.64′′ N, 

080°33′38.22′′ W, Conneaut, OH (NAD 

83). 

(b) Effective and enforcement period. 

This regulation is effective and will be 

enforced on September 8, 2018 from 

8:15 p.m. until 9:00 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

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

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: September 4, 2018. 

Kenneth E. Blair, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Buffalo. 

[FR Doc. 2018–19457 Filed 9–6–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0854] 

RIN 1625–AA00 

Safety Zone; Moonlight on the Bay 

Fireworks, Presque Isle Bay, Lake Erie, 

Erie, PA 

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 the launch site located at Erie 

Sand and Gravel, Presque Isle Bay, Erie, 

PA. This safety zone is intended to 

restrict vessels from portions of Presque 

Isle Bay during the Moonlight on the 

Bay 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 Buffalo. 

DATES: This rule is effective from 9:30 

p.m. until 11:00 p.m. on September 7, 

2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2018– 

0854 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 

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 

would be contrary to the rule’s 

objectives of enhancing safety of life on 

the navigable water and protection of 

persons and vessels in 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 

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 temporary 

safety zone on September 7, 2018, from 

9:30 p.m. until 11:00 p.m. The safety 

zone will encompass all waters of 

Presque Isle Bay, Erie, PA contained 

within a 280-foot radius of: 42°08′55.3′′ 

N, 80°04′58.1′′ 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 


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