31048 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

The PATCOM may direct the 

anchoring, mooring, or movement of 

any vessel within this regulated area. A 

succession of sharp, short signals by 

whistle or horn from vessels patrolling 

the area under the direction of the 

PATCOM shall serve as a signal to stop. 

Vessels so signaled shall stop and shall 

comply with the orders of the PATCOM. 

Failure to do so may result in expulsion 

from the area, a Notice of Violation for 

failure to comply, or both. 

If it is deemed necessary for the 

protection of life and property, the 

PATCOM may terminate the marine 

event or the operation of any vessel 

within the regulated area. 

In accordance with the general 

regulations in § 100.35 of this part, the 

Coast Guard will patrol the regatta area 

under the direction of a designated 

Coast Guard Patrol Commander 

(PATCOM). The PATCOM may be 

contacted on Channel 16 (156.8 MHz) 

by the call sign ‘‘Coast Guard Patrol 

Commander.’’ 

Under the provisions of 33 CFR 

100.928, vessels transiting within the 

regulated area shall travel at a no-wake 

speed and remain vigilant for event 

participants and safety craft. 

Additionally, vessels shall yield rightof-way for event participants and event 

safety craft and shall follow directions 

given by the Coast Guard’s on-scene 

representative or by event 

representatives during the event. 

The ‘‘on-scene representative’’ of the 

Captain of the Port Detroit is any Coast 

Guard commissioned, warrant, or petty 

officer who has been designated by the 

Captain of the Port Detroit to act on his 

behalf. The on-scene representative of 

the Captain of the Port Detroit will be 

aboard either a Coast Guard or Coast 

Guard Auxiliary vessel. The Captain of 

the Port Detroit or his designated on 

scene representative may be contacted 

via VHF Channel 16. 

The rules in this section shall not 

apply to vessels participating in the 

event or to government vessels 

patrolling the regulated area in the 

performance of their assigned duties. 

This document is issued under 

authority of 33 CFR 100.35 and 5 U.S.C. 

552(a). If the Captain of the Port 

determines that any of these special 

local regulations need not be enforced 

for the full duration stated in this 

document, he may suspend such 

enforcement and notify the public of the 

suspension via a Broadcast Notice to 

Mariners. 

Dated: June 26, 2018. 

J.W. Novak, 

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

Port Detroit. 

[FR Doc. 2018–14250 Filed 7–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2018–0628] 

Drawbridge Operation Regulation; 

Rancocas Creek, Burlington, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the S.R. 543 

(Riverside-Delanco) Bridge across the 

Rancocas Creek, mile 1.3, at Burlington, 

NJ. The deviation is necessary to 

facilitate routine maintenance. This 

deviation allows the bridge to remain in 

the closed-to-navigation position. 

DATES: This deviation is effective 

without actual notice from July 3, 2018 

until 3:30 p.m. on August 2, 2018. For 

enforcement purposes actual notice will 

be used from 7 a.m. on June 28, 2018 

until July 3, 2018. 

ADDRESSES: The docket for this 

deviation, [USCG–2018–0628] is 

available at 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 deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Mickey 

Sanders, Bridge Administration Branch, 

Fifth District, Coast Guard; telephone 

(757) 398–6587, email 

Mickey.D.Sanders2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Burlington County Bridge Commission, 

owner and operator of the S.R. 543 

(Riverside-Delanco) Bridge across the 

Rancocas Creek, mile 1.3, at Burlington, 

NJ, has requested a temporary deviation 

from the current operating schedule to 

accommodate routine maintenance. 

Under this temporary deviation, the 

bridge will require a 30 minutes 

advanced notice to open Monday 

through Friday, from 7 a.m. to 3:30 p.m., 

on June 28, 2018, to August 2, 2018. The 

current operating schedule is set out in 

33 CFR 117.745. 

The Rancocas Creek is mostly used by 

recreational vessels. The Coast Guard 

has carefully considered the restrictions 

with waterway users in publishing this 

temporary deviation. 

Vessels able to pass through the 

bridge in the closed position may do so 

at any time. The bridge will be able to 

open for emergencies and there is no 

immediate alternate route for vessels 

unable to pass through the bridge in the 

closed position. The Coast Guard will 

also inform the users of the waterways 

through our Local and Broadcast Notice 

to Mariners of the change in operating 

schedule for the bridge so that vessel 

operators can arrange their transits to 

minimize any impact caused by this 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of this effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: June 26, 2018. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2018–14238 Filed 7–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0613] 

RIN 1625–AA00 

Safety Zone; Canalside 4th of July 

Celebration, Buffalo River, Buffalo, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters on the Buffalo River, 

Buffalo, NY. This safety zone is 

intended to restrict vessels from 

portions of the Buffalo River during the 

Canalside 4th of July Celebration 

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 9:45 

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

July 5, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http:// 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 31049 

www.regulations.gov, type USCG–2018– 

0613 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 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 safety zone on 

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

p.m. with a rain date of July 5, 2018 

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

safety zone will encompass all waters of 

the Buffalo River, Buffalo, NY starting at 

position 42°52′34.0′′ N, 078°52′54.7′′ W 

then East to 42°52′36.3′′ N, 078°52′48.6′′ 

W then South to 42°52′32.8′′ N, 

078°52′45.4′′ W then West to 42°52′30.0′′ 

N, 078°52′51.9′′ W then returning to the 

point of origin. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Buffalo or his designated on-scene 

representative. The Captain of the Port 

or his designated on-scene 

representative may be contacted via 

VHF Channel 16. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This rule has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, this rule has 

not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the conclusion that this rule 

is not a significant regulatory action. We 

anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will be 

relatively small and enforced for a 

relatively short time. Also, the safety 

zone has been designed to allow vessels 

to transit around it. Thus, restrictions on 

vessel movement within that particular 

area are expected to be minimal. Under 

certain conditions, moreover, vessels 

may still transit through the safety zone 

when permitted by the Captain of the 

Port. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 


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31050 Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule establishes a 

temporary safety zone. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

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.T09–0613 to read as 

follows: 

§ 165.T09–0613 Safety Zone; Canalside 4th 

of July Celebration, Buffalo River, Buffalo, 

NY. 

(a) Location. The safety zone will 

encompass all waters of the Buffalo 

River, Buffalo, NY starting at position 

42°52′34.0′′ N, 078°52′54.7′′ W then East 

to 42°52′36.3′′ N, 078°52′48.6′′ W then 

South to 42°52′32.8′′ N, 078°52′45.4′′ W 

then West to 42°52′30.0′′ N, 078°52′51.9′′ 

W then returning to the point of origin. 

(b) Enforcement period. This 

regulation will be enforced from 9:45 

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

with a rain date of July 5, 2018 from 

9:45 p.m. until 10:45 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 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: June 27, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–14325 Filed 7–2–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–0641] 

RIN 1625–AA00 

Safety Zone: City of Benicia Fourth of 

July Fireworks Display, Carquinez 

Straight, Benicia, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of San Francisco 

Bay near Carquinez Strait in support of 

the City of Benicia Fourth of July 

Fireworks Display on July 4, 2018. This 

safety zone is established to ensure the 

safety of participants and spectators 

from the dangers associated with 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zone without permission of 

the Captain of the Port or their 

designated representative. 

DATES: This rule is effective on July 4, 

2018, from 9 a.m. through 10:30 p.m. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2018–0641. 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 rule, call or 

email Lieutenant Emily Rowan, U.S. 


sradovich on DSK3GMQ082PROD with RULES