[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30745-30747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13977]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0331]
RIN 1625-AA00
Safety Zone; Thunder on the Outer Harbor; Buffalo Outer Harbor,
Buffalo, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Buffalo Outer Harbor, Buffalo, NY. This safety zone is intended to
restrict vessels from a portion of the Buffalo Outer Harbor during the
Thunder on the Outer Harbor boat races. This temporary safety zone is
necessary to protect mariners and vessels from the navigational hazards
associated with high speed boat races.
DATES: This rule is effective from 9:45 a.m. on July 22, 2017 until
4:15 p.m. on July 23, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0331 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 May 11, 2017, the Coast Guard published a Notice of Proposed
Rulemaking (NPRM) titled Thunder on the Outer Harbor; Buffalo Outer
Harbor, Buffalo, NY Sec. 165.T09-0331. There we stated why we issued
the NPRM, and invited comments on our proposed regulatory action
related to this high speed boat race. The comment period ended June 16,
2017; we received no comments.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it 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 event. The event has been publicized in the local
media and previously in the Federal Register through issuance of the
NPRM; the public does not need time to make preparations for this rule
to go into effect.
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 high
speed boat races present significant risks to public safety and
property. Such hazards include vessels reaching high speeds in a
relatively small area and large wake. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the boat races are taking place.
IV. Discussion of the Rule
This rule establishes a safety zone on June 22 and June 23, 2017,
from 9:45 a.m. until 4:15 p.m. daily. The safety zone will encompass
all waters of the Buffalo Outer Harbor, Buffalo, NY starting at
position 42[deg]52'21'' N. and 078[deg]53'14'' W. then West to
42[deg]52'15'' N. and 078[deg]53'32'' W. then South to
[[Page 30746]]
42[deg]51'41'' N. and 078[deg]53'02'' W. then East to 42[deg]51'46'' N.
and 078[deg]52'45'' W. (NAD 83) 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
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 zone created by this rule will be
relatively small and is designed to minimize its impact on navigable
waters. Furthermore, the safety zone has been designed to allow vessels
to transit around it. In addition, the safety zone will have built in
times to allow vessels to travel through when races are not being held.
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.
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
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 U.S.C. 4321-4370f), and have determined that it
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 safety zone. It is categorically excluded under
section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction, which
pertains to establishment of safety zones. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated
[[Page 30747]]
in the ADDRESSES section of this preamble.
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
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. Add Sec. 165.T09-0331 to read as follows:
Sec. 165.T09-0331 Safety Zone; Thunder on the Outer Harbor; Buffalo
Outer Harbor, Buffalo, NY.
(a) Location. This zone will encompass all waters of the Buffalo
Outer Harbor, Buffalo, NY encompassed by all waters of the Outer
Harbor, Buffalo, NY starting at position 42[deg]52'21'' N. and
078[deg]53'14'' W. then West to 42[deg]52'15'' N. and 078[deg]53'32''
W. then South to 42[deg]51'41'' N. and 078[deg]53'02'' W. then East to
42[deg]51'46'' N. and 078[deg]52'45'' W. (NAD 83) then returning to the
point of origin.
(b) Enforcement period. This rule will be enforced from 9:45 a.m.
until 4:15 p.m. on July 22, 2017, and July 23, 2017.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, 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 28, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-13977 Filed 6-30-17; 8:45 am]
BILLING CODE 9110-04-P