Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45339 

and effective September 15, 2017. FAA 

Order 7400.11B is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.11B lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

The FAA is amending Title 14, Code 

of Federal Regulations (14 CFR) part 71 

by modifying the descriptions of VOR 

Federal airways V–72 and V–429 due to 

the planned decommissioning of the 

Mattoon, IL, VOR. The VOR Federal 

airway changes are described below. 

V–72: V–72 extends between the 

Razorback, AR, VOR/Tactical Air 

Navigation (VORTAC) and the 

Bloomington, IL, VOR/DME. The airway 

segment between the Bible Grove, IL, 

VORTAC and the Bloomington, IL, 

VOR/DME is removed. The unaffected 

portions of the existing airway remain 

as charted. 

V–429: V–429 extends between the 

Cape Girardeau, MO, VOR/DME and the 

Joliet, IL, VORTAC. The airway segment 

between the Bible Grove, IL, VORTAC 

and the Champaign, IL, VORTAC is 

removed. The unaffected portions of the 

existing airway remain as charted. 

All radials in the route descriptions 

below are unchanged and stated in True 

degrees. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action of modifying VOR Federal 

airways V–72 and V–429 in the vicinity 

of Mattoon and Charleston, IL, qualifies 

for categorical exclusion under the 

National Environmental Policy Act, 42 

U.S.C. 4321, and its implementing 

regulations at 40 CFR part 1500, and in 

accordance with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures, paragraph 5-6.5a, which 

categorically excludes from further 

environmental impact review 

rulemaking actions that designate or 

modify classes of airspace areas, 

airways, routes, and reporting points 

(see 14 CFR part 71, Designation of 

Class A, B, C, D, and E Airspace Areas; 

Air Traffic Service Routes; and 

Reporting Points). As such, this action 

is not expected to result in any 

potentially significant environmental 

impacts. In accordance with FAA Order 

1050.1F, paragraph 5-2 regarding 

Extraordinary Circumstances, the FAA 

has reviewed this action for factors and 

circumstances in which a normally 

categorically excluded action may have 

a significant environmental impact 

requiring further analysis. The FAA has 

determined that no extraordinary 

circumstances exist that warrant 

preparation of an environmental 

assessment or environmental impact 

study. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017 and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 6010(a) Domestic VOR Federal 

Airways. 

* * * * * 

V–72 [Amended] 

From Razorback, AR; Dogwood, MO; INT 

Dogwood 058° and Maples, MO, 236° radials; 

Maples; Farmington, MO; Centralia, IL; to 

Bible Grove, IL. 

* * * * * 

V–429 [Amended] 

From Cape Girardeau, MO; Marion, IL; INT 

Marion 011° and Bible Grove, IL, 207° 

radials; to Bible Grove. From Champaign, IL; 

Roberts, IL; to Joliet, IL. 

Issued in Washington, DC, on August 29, 

2018. 

Scott M. Rosenbloom, 

Acting Manager, Airspace Policy Group. 

[FR Doc. 2018–19347 Filed 9–6–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0821] 

RIN 1625–AA08 

Special Local Regulation; Upper 

Mississippi River, St. Paul, MN 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for the navigable waters of 

the Upper Mississippi River from Mile 

Marker (MM) 846 to MM 847. The 

special local regulation is necessary to 

protect event participants, spectators, 

and vessels transiting the area from 

potential hazards during the WCCO–TV 

Pulling Together marine event. Entry of 

vessels or persons into the regulated 

area is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Upper Mississippi River or a 

designated representative. 

DATES: This rule is effective from 10 

a.m. through 5 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– 

0821 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 Chief Petty Officer Joshua Wilson, 

Sector Upper Mississippi River, 

Waterways Management Division, U.S. 

Coast Guard; telephone 314–269–2548, 

email Joshua.A.Wilson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Upper 

Mississippi River 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 


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45340 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 

§ 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)(3)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it 

would be impracticable. This rule must 

be established by September 8, 2018 and 

we lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. The NPRM process would 

delay the establishment of the 

temporary special local regulation until 

after the scheduled date of the event, 

which would compromise public safety. 

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

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

necessary to ensure the safety of event 

participants, and persons and vessels 

transiting the regulated area. 

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 Sector Upper 

Mississippi River (COTP) has 

determined that there are potential 

hazards associated with the WCCO–TV 

Pulling Together event consisting of a 

tug of war competition between teams 

on opposing banks of the Upper 

Mississippi River between Mile Marker 

(MM) 846 and MM 847. This event will 

span the entire width of the river, 

potentially causing an extra or unusual 

hazard to the safety of life on the 

navigable waters of the United States. 

This rule is necessary to protect event 

participants, and persons and vessels 

transiting the regulated area during the 

event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

special local regulation during the 

WCCO–TV Pulling Together event from 

10 a.m. until 5 p.m. on September 8, 

2018, or until cancelled by the COTP, 

whichever occurs first. The regulated 

area will cover all navigable waters of 

the Upper Mississippi River from MM 

846 to MM 847. This special local 

regulation is intended to protect the 

public from potential navigation 

hazards during the event. No person or 

vessel is permitted to enter the regulated 

area without obtaining permission from 

the COTP or a designated 

representative. A designated 

representative may be a 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. 

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. 

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. 

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. 

Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. 

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. 

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. 

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. 

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 13563 (‘‘Improving 

Regulation and Regulatory Review’’) 

and 12866 (‘‘Regulatory Planning and 

Review’’) 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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13771 (‘‘Reducing Regulation and 

Controlling Regulatory Costs’’) directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, OMB has not reviewed it. 

As this rule is not a significant 

regulatory action, this rule is exempt 

from the requirements of Executive 

Order 13771. See OMB’s Memorandum 

‘‘Guidance Implementing Executive 

Order 13771, Titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (April 5, 2017).This regulatory 

action determination is based on the 

size, location, and duration for the 

temporary special local regulation. The 

regulated area will be enforced on a onemile stretch of the Upper Mississippi 

River for a period of up to seven hours 

on one day. Vessel traffic may request 

to transit the regulated area by 

contacting the COTP or a designated 

representative. Moreover, the COTP or a 


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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Rules and Regulations 45341 

designated representative will publish 

details of the regulated area in LNMs 

and will issue BNMs via VHF–FM 

Channel 16 to allow waterways users to 

plan accordingly. 

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 regulated 

area 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 the 

establishment of a temporary special 

local regulation that will restrict access 

on a one-mile stretch of the Upper 

Mississippi River for seven hours on 

one day. It is categorically excluded 

from further review under paragraph 

L61 of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 01. Because this rulemaking is to 

establish a temporary special local 

regulation for a permitted marine event 

that is not located in, proximate to, or 

above an area designated 

environmentally sensitive by an 

environmental agency of the Federal, 

State, or local government a Record of 

Environmental Consideration (REC) is 

not required. Should any detail of this 

rule change to such an extent that will 

require a REC, a REC will be available 

in the docket 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 100 

Maritime 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.T08–0821 to read as 

follows: 

§ 100.T08–0821 Special Local Regulation; 

Upper Mississippi River, St. Paul, MN. 

(a) Location. A temporary special 

local regulation is established for the 

following area: all navigable waters of 

the Upper Mississippi River from Mile 

Marker (MM) 846 to MM 847, extending 

the entire width of the river. 

(b) Effective period. This section will 

be enforced from 10 a.m. through 5 p.m. 

on September 8, 2018, or until cancelled 

by the COTP, whichever occurs first 

(c) Regulations. (1) In accordance with 

the general regulations in § 100.35 of 

this part, entry of vessels or persons into 

this regulated area is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Upper Mississippi River 

(COTP) or designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard assigned to 

units under the operational control of 

USCG Sector Upper Mississippi River. 

A designated representative may be a 


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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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