[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Rules and Regulations]
[Pages 23850-23854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09558]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-1084]
RIN 1625-AA00
Safety Zones; Annual Fireworks 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 and establishing regulations
requiring safety zones for firework events that take place annually
within the Captain of the Port Zone Buffalo. This final rule is
intended to amend and establish restrictions on vessel access to
designated areas on U.S. navigable waterways during certain fireworks
displays. The safety zones amended and established by this final rule
are necessary to protect spectators, participants, and vessels from the
hazards associated with fireworks displays.
DATES: This rule is effective May 23, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-1084]. 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. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Barbara
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On June 18, 2008, the Coast Guard put 33 CFR 165.939 into effect,
which established several permanent safety zones within U.S. navigable
waters under the jurisdiction of the Captain of the Port Buffalo (73 FR
28704). Specifically, twenty-six permanent safety zones were
established then. These safety zones were put in place to protect the
boating public from hazards associated with annually recurring
fireworks displays that take place over U.S. navigable waterways. Since
those twenty-six safety zones were established in June of 2008, the
Coast Guard has not amended 33 CFR 165.939. On February 20, 2013, we
published a NPRM entitled Safety Zones; Annual Fireworks Events in the
Captain of the Port Buffalo Zone in the Federal Register (78 FR 11798).
We received 0 comments on the proposed rule.
B. Basis and Purpose
As stated above, 33 CFR 165.939 currently lists twenty-six
permanent safety zones within the Captain of the Port Zone Buffalo.
Each of these twenty-six safety zones corresponds to an annually
recurring fireworks display. During a recent review of 33 CFR 165.939,
it was determined that event details for seventeen recurring fireworks
displays have changed, seven additional recurring fireworks displays
now require that permanent safety zones be implemented, and four
permanent safety zones require disestablishment because the
corresponding fireworks displays have not occurred for an extended
time. In addition, it was noted that the coordinates for the safety
zones corresponding with the Browns Football Half time Fireworks and
the Lorain Port Fest Fireworks are formatted differently than the other
safety zones. Finally, it was noted that the radius of the safety zone
associated with the Lorain Port Fest Fireworks is in yards as opposed
to
[[Page 23851]]
feet. With the above findings in mind, the Coast Guard is amending 33
CFR 165.939 to disestablish four safety zones; to revise the
enforcement period, the size, and the location of seventeen other
safety zones; and to establish seven new safety zones. Likewise, this
rule will amend the Browns Football Half time and the Lorain Port Fest
safety zones, to include changing the format of the coordinates and the
radius size from yards to feet. The Captain of the Port Buffalo has
determined that this amendment is necessary to protect spectators and
participants from the hazards associated with maritime fireworks
displays.
C. Discussion of Comments, Changes and the Final Rule
As mentioned above, no comments were received from the public in
response to the NPRM that preceded this final rule. Furthermore, there
were no changes made between the proposed rule and this final rule.
Thus, there are no comments and no changes to discuss.
Just as was described in the NPRM, the Captain of the Port Buffalo
is amending 33 CFR 165.939. Specifically, this rule will revise 33 CFR
165.939 in its entirety. This revision will include modifications made
to the size, location, and enforcement period for seventeen safety
zones, the disestablishment of four safety zones, two technical
amendments, and the establishment of seven additional safety zones. In
total, after this rule goes into effect, 33 CFR 165.939 will contain a
total of twenty-nine permanent safety zones. Although this rule will
remain in effect year round, the safety zones within it will be
enforced only immediately before, during, and after each corresponding
event.
The Captain of the Port Buffalo will use all appropriate means to
notify the public when the zones in this proposal will be enforced.
Consistent with 33 CFR 164.7(a), such means of notification may
include, among other things, publication in the Federal Register and
Broadcast Notice to Mariners notifying the public when enforcement of a
safety zones in this section is in effect and when cancelled.
Entry into, transiting, or anchoring within the safety zones is
prohibited unless authorized by the Captain of the Port Buffalo or his
on-scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because 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 zones contained in this rule will be relatively small and
enforced for relatively short time. Also, the safety zones are designed
to minimize their impact on navigable waters. Furthermore, the safety
zones have been designed to allow vessels to transit around them. Thus,
restrictions on vessel movement within the particular areas are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through a safety zone when permitted by the Captain of
the Port Buffalo.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
received 0 comments from the Small Business Administration on this
rule. 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.
This rule would affect the following entities, some of which might
be small entities: The owners and operators of vessels intending to
transit or anchor in any one of the below safety zones while the safety
zone is being enforced. The below safety zones will not have a
significant economic impact on a substantial number of small entities
for the following reasons: Each safety zone in this rule will be in
effect for only a few hours within any given 24 hour period. Each of
the safety zones will be in effect only once per year. Furthermore,
these safety zones have been designed to allow traffic to pass safely
around each zone. Moreover, vessels will be allowed to pass through
each zone at the discretion of the Captain of the Port Buffalo, or his
or her designated representative.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
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,
above. 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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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 would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
[[Page 23852]]
7. Taking of Private Property
This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
8. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
9. Protection of Children From Environmental Health Risks
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
10. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
11. Energy Effects
This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 (NEPA)(42 U.S.C. 4321-4370f), and have made a
preliminary determination 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
and disestablishment of safety zones and, therefore it is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a preliminary Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
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 is
amending 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; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Revise Sec. 165.939 to read as follows:
Sec. 165.939 Safety Zones; Annual Fireworks Events in the Captain of
the Port Buffalo Zone.
(a) Safety Zones. The following are designated as safety zones:
(1) Boldt Castle 4th of July Fireworks, Heart Island, NY. (i)
Location. All U.S. waters of the Saint Lawrence River within a 1,120
foot radius of land position 44[deg]20'38.5'' N, 075[deg]55'19.1'' W
(NAD 83) at Heart Island, NY.
(ii) Enforcement Date and Time. From 8:30 p.m. to 10:30 p.m. on
July 4 of each year.
(2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY. (i)
Location. All U.S. waters of the Saint Lawrence River within an 840
foot radius of land position 44[deg]15'04'' N, 076[deg]05'40'' W (NAD
83) at Calumet Island, NY.
(ii) Enforcement Date and Time. From 9:00 p.m. to 11:30 p.m. on
July 3 of each year.
(3) French Festival Fireworks, Cape Vincent, NY. (i) Location. All
U.S. waters of the Saint Lawrence River within an 840 foot radius of
land position 44[deg]07'54.6'' N, 076[deg]20'01.3'' W (NAD 83) in Cape
Vincent, NY.
(ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on the
second weekend of July each year.
(4) Lyme Community Days, Chaumont, NY. (i) Location. All U.S.
waters of Chaumont Bay within a 560 foot radius of position
44[deg]04'06.3'' N, 076[deg]08'56.8'' W (NAD 83) in Chaumont, NY.
(ii) Enforcement Date and Time. From 8:30 p.m. to 11:00 p.m. on the
fourth weekend of July each year.
(5) Village Fireworks, Sackets Harbor, NY. (i) Location. All U.S.
waters of Black River Bay within an 840 foot radius of position
43[deg]56'51.9'' N, 076[deg]07'46.9'' W (NAD 83) in Sackets Harbor, NY.
(ii) Enforcement Date and Time. From 8:30 p.m. to 10:30 p.m. on
July 4 each year.
(6) Can-Am Festival, Sackets Harbor, NY. (i) Location. All U.S.
waters of Black River Bay within a 1,120 foot radius of position
43[deg]57'15.9'' N, 076[deg]06'39.2'' W (NAD 83) in Sackets Harbor, NY.
(ii) Enforcement Date and Time. From 9:00 p.m. to 10:45 p.m. on the
third weekend of July each year.
(7) Oswego Harborfest, Oswego, NY. (i) Location. All U.S. waters of
Lake Ontario within a 1,000 foot radius of position 43[deg]28'10'' N,
076[deg]31'04'' W (NAD 83) in Oswego, NY.
(ii) Enforcement Date and Time. From 9:00 to 10:30 p.m. on the last
Saturday of July each year.
(8) Brewerton Fireworks, Brewerton, NY. (i) Location. All U.S.
waters of Lake Oneida within an 840 foot radius of barge position
43[deg]14'16.4'' N, 076[deg]08'03.6'' W (NAD 83) in Brewerton, NY.
(ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on
July 3 of each year.
(9) Celebrate Baldwinsville Fireworks, Baldwinsville, NY. (i)
Location. All U.S. waters of the Seneca River within a 700 foot radius
of land position 43[deg]09'24.9'' N, 076[deg]20'18.9'' W (NAD 83) in
Baldwinsville, NY.
(ii) Enforcement Date and Time. From 9:00 p.m. to 11:00 p.m. on the
first weekend of July each year.
(10) Island Festival Fireworks, Baldwinsville, NY. (i) Location.
All U.S. waters of the Seneca River within a 1,120 foot radius of land
position 43[deg]09'22'' N, 076[deg]20'15'' W (NAD 83) in Baldwinsville,
NY.
(ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on the
first weekend of July each year.
(11) Seneca River Days, Baldwinsville, NY. (i) Location. All U.S.
waters of the Seneca River within an 840 foot radius of land position
43[deg]09'25'' N, 076[deg]20'21'' W (NAD 83) in Baldwinsville, NY.
(ii) Enforcement Date and Time. From 9 p.m. to 10:30 p.m. on the
second weekend of July each year.
(12) City of Syracuse Fireworks Celebration, Syracuse, NY. (i)
Location.
[[Page 23853]]
All U.S. waters of Onondaga Lake within a 350 foot radius of land
position 43[deg]03''37' N, 076[deg]09''59' W (NAD 83) in Syracuse, NY.
(ii) Enforcement Date and Time. From 9:30 p.m. to 10:30 p.m. on the
last weekend of June each year.
(13) Tom Graves Memorial Fireworks, Port Bay, NY. (i) Location. All
U.S. waters of Port Bay within an 840 foot radius of barge position
43[deg]18''14.8' N, 076[deg]50''17.3' W (NAD 83) in Port Bay, NY.
(ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on
July 3 of each year.
(14) Village Fireworks, Sodus Point, NY. (i) Location. All U.S.
waters of Sodus Bay within a 1,120 foot radius of land position
43[deg]16''28.7'; N, 076[deg]58''27.5' W (NAD 83) in Sodus Point, NY.
(ii) Enforcement Date and Time. From 9:30 p.m. to 10:30 p.m. on
July 3 of each year.
(15) Rochester Harbor and Carousel Festival, Rochester, NY. (i)
Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of
land position 43[deg]15''40.2' N, 077[deg]36''05.1' W (NAD 83) in
Rochester, NY.
(ii) Enforcement Date and Time. From 8:00 p.m. to 10:00 p.m. on the
fourth Monday of June each year.
(16) A Salute to our Heroes, Hamlin Beach State Park, NY. (i)
Location. All U.S. waters of Lake Ontario within a 560 foot radius of
land position 43[deg]21''51.9' N, 077[deg]56''59.6' W (NAD 83) in
Hamlin, NY.
(ii) Enforcement Date and Time. From 9:45 p.m. to 11:30 p.m. on the
first weekend of July each year.
(17) Olcott Fireworks, Olcott, NY. (i) Location. All U.S. waters of
Lake Ontario within a 1,120 foot radius of land position
43[deg]20''23.6' N, 078[deg]43''09.5' W (NAD 83) in Olcott, NY.
(ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on
July 3 of each year.
(18) North Tonawanda Fireworks, North Tonawanda, NY. (i) Location.
All U.S. waters of 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 (NAD 83) in North
Tonawanda, NY.
(ii) Enforcement Date and Time. From 8:45 p.m. to 10:15 p.m. on
July 4 of each year.
(19) Tonawanda's Canal Fest Fireworks, Tonawanda, NY. (i) Location.
All U.S. waters of the East Niagara River within a 210 foot radius of
land position 43[deg]01''17.8' N, 078[deg]52''40.9' W (NAD 83) in
Tonawanda, NY.
(ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on the
fourth Sunday of July each year.
(20) Celebrate Erie Fireworks, Erie, PA. (i) Location. All U.S.
waters of Presque Isle Bay within an 800 foot radius of land position
42[deg]08''19' N, 080[deg]05''29' W (NAD 83) in Erie, PA.
(ii) Enforcement Date and Time. From 9:45 p.m. to 10:30 p.m. on the
third weekend of August each year.
(21) Conneaut Fourth of July Fireworks, Conneaut, OH. (i) Location.
All U.S. waters of Lake Erie within an 840 foot radius of position
41[deg]58'01.3'' N, 080[deg]33'39.5'' W (NAD 83) in Conneaut, OH.
(ii) Enforcement Date and Time. From 9:00 p.m. to 11:30 p.m. on the
first weekend of July each year.
(22) Fairport Harbor Mardi Gras, Fairport, OH. (i) Location. All
U.S. waters of Lake Erie within a 350 foot radius of land position
41[deg]45'30'' N, 081[deg]16'18'' W (NAD 83) east of the harbor
entrance at Fairport Harbor Beach, OH.
(ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. at the
beginning of the second week of July each year.
(23) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH. (i)
Location. All U.S. waters of Lake Erie and Mentor Harbor within a 700
foot radius of land position 41[deg]43'36'' N, 081[deg]21'09'' W (NAD
83) in Mentor Harbor, OH.
(ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on
July 3 of each year.
(24) Browns Football Halftime Fireworks, Cleveland, OH. (i)
Location. All U.S. waters of Cleveland Harbor and Lake Erie beginning
in approximate land position 41[deg]30'49.4'' N, 081[deg]41'37.2'' W
(the northwest corner of Burke Lakefront Airport); continuing northwest
to 41[deg]31'10.6'' N, 081[deg]41'53.0''W; then southwest to
41[deg]30'48.6'' N, 081[deg]42'30.9'' W (the northwest corner of dock
28 at the Cleveland Port Authority) then northeast back to the starting
point at 41[deg]30'49.4'' N, 081[deg]41'37.2'' W (NAD 83).
(ii) Enforcement Date and Time. On a Sunday during the second or
third Cleveland Browns home game each year.
(25) City of Cleveland 4th of July, Cleveland, OH. (i) Location.
All U.S. waters of Lake 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 in Cleveland, OH.
(ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on
July 4 of each year.
(26) Cleveland Yachting Club Fireworks Display, Rocky River, OH.
(i) Location. All U.S. waters of the Rocky River and Lake Erie within a
560 foot radius of land position 41[deg]29'25.7'' N, 081[deg]50'18.5''
W (NAD 83), at Sunset Point on the western side of the mouth of the
Rocky River in Cleveland, OH.
(ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on the
second Thursday of July each year.
(27) Sheffield Lake Fireworks, Sheffield Lake, OH. (i) Location.
All U.S. waters of Lake Erie within a 700 foot radius of land position
41[deg]29'26.2'' N, 082[deg]06'47.7'' W (NAD 83), at the lake front
area in Sheffield Lake, OH.
(ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on the
second Friday of July each year.
(28) Lorain 4th of July Celebration Fireworks, Lorain, OH. (i)
Location. All U.S. waters of Lorain Harbor within a 1,400 foot radius
of land position 41[deg]28'35.5'' N, 082[deg]10'51.3'' W (NAD 83), east
of the harbor entrance on the end of the break wall near Spitzer's
Marina.
(ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on
July 3 or 4 of each year.
(29) Lorain Port Fest Fireworks Display, Lorain, OH. (i) Location.
All U.S. waters of Lorain Harbor within a 750 foot radius of land
position 41[deg]28'02.4'' N, 082[deg]10'21.9'' W (NAD 83) in Lorain,
OH.
(ii) Enforcement Date and Time. From 9:45 p.m. to 11:00 p.m. on the
third weekend of July each year.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative means any Coast Guard Commissioned,
Warrant, or Petty Officer designated by the Captain of the Port Buffalo
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) Public vessels means vessels owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within any of the safety zones contained in this section during a
period of enforcement is prohibited unless authorized by the Captain of
the Port Buffalo or his designated on-scene representative.
(2)(i) These safety zones are closed to all vessel traffic, except
as may be permitted by the Captain of the Port or his designated
representative.
(ii) All persons and vessels must comply with the instructions of
the Captain of the Port Buffalo or his designated representative.
[[Page 23854]]
(iii) Upon being hailed by the Coast Guard by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed.
(3)(i) All vessels must obtain permission from the Captain of the
Port or his designated representative to enter or move within any
safety zone established in this section when the safety zone is
enforced.
(ii) Vessels and persons granted permission to enter a safety zone
must obey all lawful orders or directions of the Captain of the Port or
a designated representative.
(iii) While within a safety zone, all vessels must operate at the
minimum speed necessary to maintain a safe course.
(d) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
(e) Waiver. Upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical, the Captain of the Port Buffalo or his designated
representative may waive any of the requirements of this section for
any vessel.
(f) Notification. The Captain of the Port Buffalo will notify the
public when the zones in this section will be enforced by all
appropriate means In keeping with 33 CFR 165.7(a), such means of
notification may include, but are not limited to Broadcast Notice to
Mariners or Local Notice to Mariners and publication of Notices of
Enforcement in the Federal Register. The Captain of the Port will issue
a Broadcast Notice to Mariners notifying the public when enforcement of
the safety zones established by this section are in effect and when
they are cancelled.
Dated: April 10, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2013-09558 Filed 4-22-13; 8:45 am]
BILLING CODE 9110-04-P