[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25570-25574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11872]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-1112]
RIN 1625-AA00


Safety Zones; Annual Events in the Captain of the Port Buffalo 
Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its safety zones regulation for 
Annual Events in the Captain of the Port Buffalo Zone. This amendment 
updates 12 permanent safety zones and adds 12 new permanent safety 
zones. These amendments and additions are necessary to protect 
spectators, participants and vessels from the hazards associated with 
annual maritime events, including fireworks displays, boat races, and 
air shows.

DATES: This rule is effective July 5, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-1112 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 of Waterways Management, U.S. 
Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 19, 2018, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) titled Safety Zones; Annual Events in the Captain of 
the Port Buffalo Zone. There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
amendment to the CFR. During the comment period that ended May 21, 
2018, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The purpose of this rule is to update the safety zones in 33 CFR 
165.939 to ensure accuracy of times, dates, and dimensions for various 
triggering and marine events that are expected to be conducted within 
the Captain of the Port Buffalo Zone throughout the year. The purpose 
of the rulemaking is also to ensure vessels and persons are protected 
from the specific hazards related to the aforementioned events. These 
specific hazards include obstructions in the waterway that may cause 
marine casualties; collisions among vessels maneuvering at a high speed 
within a channel; the explosive dangers involved in pyrotechnics and 
hazardous cargo; and flaming/falling debris into the water that may 
cause injuries.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
19, 2018. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule amends 12 permanent safety zones found within table 
165.939 of 33 CFR 165.939. These 12 amendments involve updating the 
location, size, and/or enforcement times.
    Additionally, this rule adds 12 new safety zones to table 165.939 
within Sec.  165.939 for annually reoccurring

[[Page 25571]]

events in the Captain of the Port Buffalo Zone. These 12 zones were 
approved and published in the Federal Register as temporary safety 
zones in 2017 and were added in order to protect the public from the 
safety hazards previously described. A list of specific changes and 
additions are available in the attachments within this Docket.
    The Captain of the Port Buffalo has determined that the safety 
zones in this rule are necessary to ensure the safety of vessels and 
people during annual marine or triggering events in the Captain of the 
Port Buffalo zone. Although this rule will be effective year-round, the 
safety zones in this rule will be enforced only immediately before, 
during, and after events that pose a hazard to the public and only upon 
notice by the Captain of the Port Buffalo.
    The Captain of the Port Buffalo will notify the public that the 
zones in this rule are or will be enforced by all appropriate means to 
the affected segments of the public, including publication in the 
Federal Register, as practicable, in accordance with 33 CFR 165.7(a). 
Such means of notification may also include, but are not limited to, 
Broadcast Notice to Mariners or Local Notice to Mariners.
    All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port Buffalo or his or her designated 
representative. Entry into, transiting, or anchoring within the safety 
zones is prohibited unless authorized by the Captain of the Port or his 
or her designated representative. The Captain of the Port or his or her 
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.

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 
characteristics of the safety zones. The safety zones created by this 
rule will be relatively small and are designed to minimize their impact 
on navigable waters. Furthermore, the safety zones have been designed 
to allow vessels to transit around them. In addition, the safety zones 
will have built in times to allow vessels to travel through when 
situations allow. Thus, restrictions on vessel movement within each 
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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
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 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42

[[Page 25572]]

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 recurring annual safety zones. 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.

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 record 
keeping 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

0
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.


0
2. Revise Sec.  165.939 to read as follows:


Sec.  165.939   Safety Zones; Annual Events in the Captain of the Port 
Buffalo Zone.

    (a) Regulations. (1) In accordance with the general regulations in 
Sec.  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) These safety zones are 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.
    (5) The enforcement dates and times for each of the safety zones 
listed in Table 165.939 are subject to change, but the duration of 
enforcement would remain the same or nearly the same total number of 
hours as stated in the table. In the event of a change, the Captain of 
the Port Buffalo will provide notice to the public by publishing a 
Notice of Enforcement in the Federal Register, as well as, issuing a 
Broadcast Notice to Mariners.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned, 
warrant, or petty officers designated by the Captain of the Port 
Buffalo to monitor a safety zone, permit entry into a safety zone, give 
legally enforceable orders to persons or vessels within a safety zone, 
and take other actions authorized by the Captain of the Port Buffalo.
    (2) Public vessel means a vessel that is owned, chartered, or 
operated by the United States, or by a State or political subdivision 
thereof.
    (3) Rain date refers to an alternate date and/or time in which the 
safety zone would be enforced in the event of inclement weather.
    (c) Suspension of enforcement. The Captain of the Port Buffalo may 
suspend enforcement of any of these zones earlier than listed in this 
section. Should the Captain of the Port suspend any of these zones 
earlier than the listed duration in this section, he or she may make 
the public aware of this suspension by Broadcast Notice to Mariners 
and/or on-scene notice by his or her designated representative.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Buffalo or his 
or her designated representative may waive any of the requirements of 
this section upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical for the purposes of safety or security.

                              Table 165.939
------------------------------------------------------------------------
                                                        Enforcement date
             Event                   Location \1\         and time \2\
------------------------------------------------------------------------
                          (a) June Safety Zones
------------------------------------------------------------------------
(1) Festival of the Fish......  Vermillion, OH. All     The 3rd Saturday
                                 U.S. waters within a    in June.
                                 420 foot radius of
                                 the fireworks launch
                                 site located at
                                 position
                                 41[deg]25'45'' N and
                                 082[deg]21'54'' W,
                                 (NAD 83).
(2) City of Syracuse Fireworks  Syracuse, NY. All U.S.  The last weekend
 Celebration.                    waters of Onondaga      of June.
                                 Lake within a 350
                                 foot radius of land
                                 position
                                 43[deg]03'37.0'' N,
                                 076[deg]09'59.0'' W
                                 in Syracuse, NY.
(3) Rochester Harbor and        Rochester, NY. All      The 4th Monday
 Carousel Festival.              U.S. waters of Lake     of June.
                                 Ontario within a
                                 1,120 foot radius of
                                 land position
                                 43[deg]15'40.2'' N,
                                 077[deg]36'05.1'' W
                                 in Rochester, NY.
(4) Seneca River Days.........  Baldwinsville, NY. All  The 2nd weekend
                                 U.S. waters of the      of June.
                                 Seneca River within
                                 an 840 foot radius of
                                 land position
                                 43[deg]09'25.0'' N,
                                 076[deg]20'21.0'' W
                                 in Baldwinsville, NY.
(5) Flagship Niagara Mariner's  Erie, PA. All waters    The 1st weekend
 Ball Fireworks.                 of Presque Isle Bay,    in June.
                                 Erie, PA within a 350-
                                 foot radius from the
                                 launch site located
                                 at position
                                 42[deg]08'22.5'' N,
                                 080[deg]05'15.6'' W.
(6) Hope Chest Buffalo Niagara  Buffalo, NY. All        The 3rd weekend
 Dragon Boat Festival.           waters of the Buffalo   in June.
                                 River, Buffalo, NY
                                 starting at position
                                 42[deg]52'12.0'' N,
                                 078[deg]52'17.0'' W
                                 then Southeast to
                                 42[deg]52'03.0'' N,
                                 078[deg]52'12.0'' W
                                 then East to
                                 42[deg]52'03.0'' N,
                                 078[deg]52'10.0'' W
                                 then Northwest to
                                 42[deg]52'13.0'' N,
                                 078[deg]52'16.0'' W
                                 and then returning to
                                 the point of origin.
------------------------------------------------------------------------

[[Page 25573]]

 
                          (b) July Safety Zones
------------------------------------------------------------------------
(1) Cleveland Triathlon.......  Cleveland, OH. All      The 4th or 5th
                                 U.S. waters of Lake     Sunday in July.
                                 Erie at North Coast
                                 Harbor, Cleveland, OH
                                 within 100 feet of a
                                 line starting at
                                 position
                                 41[deg]30'34.6'' N
                                 and 081[deg]41'51.3''
                                 W extending in a
                                 straight line to the
                                 East Basin Breakwall
                                 at position
                                 41[deg]30'51.8'' N
                                 and 081[deg]42'08.5''
                                 W.
(2) Roverfest Fireworks         Cleveland, OH. All      The 2nd or 3rd
 Display.                        U.S. waters of Lake     weekend in
                                 Erie, Cleveland, OH     July.
                                 within a 280 foot
                                 radius from position
                                 41[deg]30'34.23'' N
                                 and
                                 081[deg]08'55.73'' W.
(3) High Speed Boat Races.....  Fairport, OH. All U.S.  The 3rd weekend
                                 waters of Lake Erie,    in July.
                                 off of Headlands
                                 Beach State Park,
                                 Fairport, OH inside
                                 an area starting on
                                 shore at position
                                 41[deg]44'33'' N,
                                 081[deg]19'14'' W
                                 extending NW in a
                                 straight line to
                                 position
                                 41[deg]45'00'' N,
                                 081[deg]19'35'' W,
                                 then NE in a straight
                                 line to position
                                 41[deg]45'59'' N,
                                 081[deg]17'30'' W,
                                 and SE back to the
                                 shore at position
                                 41[deg]45'43'' N,
                                 081[deg]17'08'' W.
(4) Downtown Cleveland          Cleveland, OH. All      On or around the
 Alliance July 4th Fireworks.    U.S. waters of Lake     4th of July.
                                 Erie and Cleveland
                                 Harbor within a 1,000-
                                 foot radius of land
                                 position
                                 41[deg]30'10'' N,
                                 081[deg]42'36'' W
                                 (NAD 83) at Dock 20.
(5) Mentor Harbor Yacht Club    Mentor, OH. All U.S.    On or around the
 Fireworks.                      waters of Lake Erie     4th of July.
                                 and Mentor Harbor
                                 within a 700 foot
                                 radius of land
                                 position
                                 41[deg]43'36'' N,
                                 081[deg]21'09'' W.
(6) Parade of Lights..........  Cleveland, OH. All      The 3rd or 4th
                                 U.S. waters within 25   weekend in
                                 feet of the vessels     July.
                                 participating in the
                                 Cleveland Parade of
                                 Lights in the
                                 Cuyahoga River. The
                                 safety zone will move
                                 with participating
                                 vessels as they
                                 transit from the
                                 mouth of the Cuyahoga
                                 River in the vicinity
                                 of position
                                 41[deg]29'59'' N,
                                 081[deg]43'31'' W, to
                                 Merwin's Wharf in the
                                 vicinity of
                                 41[deg]29'23'' N,
                                 081[deg]42'16'' W,
                                 and returning to the
                                 mouth of the Old
                                 River at
                                 41[deg]29'55'' N,
                                 081[deg]42'18'' W.
(7) Lorain Independence Day     Lorain, OH. All U.S.    On or around the
 Celebration.                    waters within a 700     4th of July.
                                 foot radius of the
                                 fireworks launch site
                                 located at position
                                 41[deg]28'35.42'' N
                                 and
                                 082[deg]10'51.28'' W.
(8) Conneaut Festival.........  Conneaut, OH. All U.S.  On or around the
                                 waters within a 570     4th of July.
                                 foot radius of the
                                 fireworks launch site
                                 located at position
                                 41[deg]58'00.43'' N
                                 and
                                 080[deg]33'34.93'' W.
(9) Fairport Harbor Mardi Gras  Fairport, OH. All U.S.  On or around the
                                 waters within a 275     4th of July.
                                 foot radius of the
                                 fireworks launch site
                                 located at position
                                 41[deg]45'29.55'' N
                                 and
                                 081[deg]16'19.97'' W.
(10) Sheffield Lake Community   Sheffield Lake, OH.     The 2nd weekend
 Days.                           All U.S. waters of      in July.
                                 Lake Erie and
                                 Sheffield Lake Boat
                                 ramp within a 350
                                 foot radius of land
                                 position
                                 41[deg]29'27.65'' N,
                                 082[deg]6'47.71'' W.
(11) Bay Village Independence   Bay Village, OH. All    On or around the
 Day Celebration.                U.S. waters within a    4th of July.
                                 560 foot radius of
                                 the fireworks launch
                                 site located at
                                 position
                                 41[deg]29'23.9'' N
                                 and 081[deg]55'44.5''
                                 W.
(12) Lake Erie Open Water Swim  Cleveland, OH. All      The 2nd or 3rd
                                 U.S. waters of Lake     weekend in
                                 Erie, south of a line   July.
                                 drawn between
                                 positions
                                 41[deg]29'30'' N,
                                 081[deg]44'21'' W and
                                 41[deg]29'21'' N,
                                 081[deg]45'04'' W to
                                 the shore.
(13) Boldt Castle 4th of July   Heart Island, NY. All   On or around the
 Fireworks.                      U.S. waters of the      4th of July.
                                 Saint Lawrence River
                                 within a 1,120 foot
                                 radius of land
                                 position
                                 44[deg]20'38.5'' N,
                                 075[deg]55'19.1'' W
                                 at Heart Island, NY.
(14) Clayton Chamber of         Calumet Island, NY.     On or around the
 Commerce Fireworks.             All U.S. waters of      4th of July.
                                 the Saint Lawrence
                                 River within an 840
                                 foot radius of land
                                 position
                                 44[deg]15'04.0'' N,
                                 076[deg]05'40'' W at
                                 Calumet Island, NY.
(15) French Festival Fireworks  Cape Vincent, NY. All   The 2nd weekend
                                 U.S. waters of the      of July.
                                 Saint Lawrence River
                                 within an 840 foot
                                 radius of land
                                 position
                                 44[deg]07'54.6.0'' N,
                                 076[deg]20'01.3'' W
                                 in Cape Vincent, NY.
(16) Lyme Community Days......  Chaumont, NY. All U.S.  The 4th weekend
                                 waters of Chaumont      of July.
                                 Bay within a 560 foot
                                 radius of land
                                 position
                                 44[deg]04'06.3'' N,
                                 076[deg]08'56.8'' W
                                 in Chaumont, NY.
(17) Village Fireworks........  Sackets Harbor, NY.     On or around the
                                 All U.S. waters of      4th of July.
                                 Black River Bay
                                 within an 840 foot
                                 radius of land
                                 position
                                 43[deg]56'51.9'' N,
                                 076[deg]07'46.9'' W
                                 in Sackets Harbor, NY.
(18) Can-Am Festival..........  Sackets Harbor, NY.     The 3rd weekend
                                 All U.S. waters of      of July.
                                 Black River Bay
                                 within a 1,120 foot
                                 radius of land
                                 position
                                 43[deg]57'15.9'' N,
                                 076[deg]06'39.2'' W
                                 in Sackets Harbor, NY.
(19) Brewerton Fireworks......  Brewerton, NY. All      On or around the
                                 U.S. waters of Lake     4th of July.
                                 Oneida within an 840
                                 foot radius of the
                                 barge at position
                                 43[deg]14'16.4'' N,
                                 076[deg]08'03.6'' W
                                 in Brewerton, NY.
(20) Celebrate Baldwinsville    Baldwinsville, NY. All  The 1st weekend
 Fireworks.                      U.S. waters of the      of July.
                                 Seneca River within a
                                 700 foot radius of
                                 land position
                                 43[deg]09'24.9'' N,
                                 076[deg]20'18.9'' W
                                 in Baldwinsville, NY.
(21) Island Festival Fireworks  Baldwinsville, NY. All  The 1st weekend
                                 U.S. waters of the      of July.
                                 Seneca River within a
                                 1,120 foot radius of
                                 land position
                                 43[deg]09'22.0'' N,
                                 076[deg]20'15.0'' W
                                 in Baldwinsville, NY.
(22) Village Fireworks........  Sodus Point, NY. All    On or around the
                                 U.S. waters of Sodus    4th of July.
                                 Bay within a 1,120
                                 foot radius of land
                                 position
                                 43[deg]16'28.7'' N,
                                 076[deg]58'27.5'' W
                                 in Sodus Point, NY.
(23) A Salute to our Heroes...  Hamlin Beach State      The 1st weekend
                                 Park, NY. All U.S.      in July.
                                 waters of Lake
                                 Ontario within a 560
                                 foot radius of land
                                 position
                                 43[deg]21'51.9'' N,
                                 077[deg]56'59.6'' W
                                 in Hamlin, NY.

[[Page 25574]]

 
(24) Olcott Fireworks.........  Olcott, NY. All U.S.    On or around the
                                 waters of Lake          4th of July.
                                 Ontario within a
                                 1,120 foot radius of
                                 land position
                                 43[deg]20'23.6'' N,
                                 078[deg]43'09.5'' W
                                 in Olcott, NY.
(25) North Tonawanda Fireworks  North Tonawanda, NY.    On or around the
                                 All U.S. waters of      4th of July.
                                 the East Niagara
                                 River within a 1,400
                                 foot radius of land
                                 position
                                 43[deg]01'39.6'' N,
                                 078[deg]53'07.5'' W
                                 in North Tonawanda,
                                 NY.
(26) Tonawanda's Canal Fest     Tonawanda, NY. All      The 4th Sunday
 Fireworks.                      U.S. waters of the      of July.
                                 East Niagara River
                                 within a 210 foot
                                 radius of land
                                 position
                                 43[deg]01'17.8'' N,
                                 078[deg]52'40.9'' W
                                 in Tonawanda, NY.
(27) Tom Graves Memorial        Port Bay, NY. All       On or around the
 Fireworks.                      waters of Port Bay,     3rd of July.
                                 NY, within a 840 foot
                                 radius of the barge
                                 located in position
                                 43[deg]17'52.4'' N,
                                 076[deg]49'55.7'' W
                                 in Port Bay, NY.
(28) Oswego Harborfest,         Oswego, NY. All waters  The last week of
 Oswego, NY.                     of Oswego Harbor,       July.
                                 Oswego, NY contained
                                 within a 700 foot
                                 radius of position
                                 43[deg]28'06.9'' N,
                                 076[deg]31'08.1'' W
                                 along with a 350 foot
                                 radius of the
                                 breakwall between
                                 positions
                                 43[deg]27'53.0'' N,
                                 076[deg]31'25.3'' W
                                 then Northeast to
                                 43[deg]27'58.6'' N,
                                 076[deg]31'12.1'' W.
(29) Oswego Independence Day    Oswego, NY. All waters  On or around the
 Celebration Fireworks.          of Lake Ontario,        4th of July.
                                 Oswego, NY within a
                                 490-foot radius from
                                 the launch site
                                 located at position
                                 43[deg]27'55.8'' N,
                                 076[deg]30'59.0'' W.
------------------------------------------------------------------------
                         (c) August Safety Zones
------------------------------------------------------------------------
(1) Whiskey Island Paddlefest.  Cleveland, OH. All      The 3rd or 4th
                                 U.S. waters of Lake     weekend in
                                 Erie; Cleveland         August.
                                 Harbor, from
                                 41[deg]29'59.5'' N
                                 and 081[deg]42'59.3''
                                 W to 41[deg]30'4.4''
                                 N and
                                 081[deg]42'44.5'' W
                                 to 41[deg]30'17.3'' N
                                 and 081[deg]43'0.6''
                                 W to 41[deg]30'9.4''
                                 N and
                                 081[deg]43'2.0'' W to
                                 41[deg]29'54.9'' N
                                 and 081[deg]43'34.4''
                                 W to 41[deg]30'0.1''
                                 N and
                                 081[deg]43'3.1'' W
                                 and back to
                                 41[deg]29'59.5'' N
                                 and 081[deg]42'59.3''
                                 W (NAD 83).
(2) D-Day Conneaut............  Conneaut, OH. All U.S.  The 3rd weekend
                                 waters of Conneaut      in August.
                                 Township Park, Lake
                                 Erie, within an area
                                 starting at
                                 41[deg]57.71' N,
                                 080[deg]34.18' W, to
                                 41[deg]58.36' N,
                                 080[deg]34.17' W,
                                 then to 41[deg]58.53'
                                 N, 080[deg]33.55' W,
                                 to 41[deg]58.03' N,
                                 080[deg]33.72' W (NAD
                                 83), and returning to
                                 the point of origin.
(3) Celebrate Erie Fireworks..  Erie, PA. All U.S.      The 3rd weekend
                                 waters of Presque       of August.
                                 Isle Bay within an
                                 800 foot radius of
                                 land position
                                 42[deg]08'19.0'' N,
                                 080[deg]05'29.0'' W
                                 in Erie, PA.
(4) Thunder on the Niagara      North Tonawanda, NY.    The 2nd weekend
 Hydroplane Boat Races.          All U.S. waters of      of August.
                                 the Niagara River
                                 near the North Grand
                                 Island Bridge,
                                 encompassed by a line
                                 starting at
                                 43[deg]03'32.9'' N,
                                 078[deg]54'46.9'' W
                                 to 43[deg]03'14.6''
                                 N, 078[deg]55'16.0''
                                 W then to
                                 43[deg]02'39.7'' N,
                                 078[deg]54'13.1'' W
                                 then to
                                 43[deg]02'59.9'' N,
                                 078[deg]53'42.0'' W
                                 and returning to the
                                 point of origin.
------------------------------------------------------------------------
                       (d) September Safety Zones
------------------------------------------------------------------------
(1) Madison Light Up the Park.  Madison Township, OH.   The 1st weekend
                                 All U.S. waters of      in September.
                                 Lake Erie, within a
                                 210 ft radius of
                                 position
                                 41[deg]50'17'' N and
                                 081[deg]02'51'' W
                                 (NAD 83).
(2) Cleveland National Airshow  Cleveland, OH. All      The Wednesday
                                 U.S. waters of Lake     before Labor
                                 Erie and Cleveland      Day through
                                 Harbor (near Burke      Labor Day.
                                 Lakefront Airport)
                                 from position
                                 41[deg]30'20'' N and
                                 081[deg]42'20'' W to
                                 41[deg]30'50'' N and
                                 081[deg]42'49'' W, to
                                 41[deg]32'09'' N and
                                 081[deg]39'49'' W, to
                                 41[deg]31'53'' N and
                                 081[deg]39'24'' W,
                                 then return to the
                                 original position
                                 (NAD 83).
(3) Head of the Cuyahoga......  Cleveland, OH. All      The 3rd weekend
                                 U.S. waters of the      in September.
                                 Cuyahoga River,
                                 between a line drawn
                                 perpendicular to the
                                 river banks from
                                 position
                                 41[deg]29'55'' N,
                                 081[deg]42'23'' W
                                 (NAD 83) just past
                                 the Detroit-Superior
                                 Viaduct bridge at MM
                                 1.42 of the Cuyahoga
                                 River south to a line
                                 drawn perpendicular
                                 to the river banks at
                                 position
                                 41[deg]28'32'' N,
                                 081[deg]40'16'' W
                                 (NAD 83) just south
                                 of the Interstate 490
                                 bridge at MM 4.79 of
                                 the Cuyahoga River.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 165.929 reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
  and times for each of the listed safety zones are subject to change,
  and will be published in a Notice of Enforcement prior to the event.


    Dated: May 29, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-11872 Filed 6-1-18; 8:45 am]
 BILLING CODE 9110-04-P


