80_FR_38103 80 FR 37976 - Safety Zone; Alexandria Bay Chamber of Commerce Fireworks Display; Saint Lawrence River, Heart Island, Alexandria Bay, NY

80 FR 37976 - Safety Zone; Alexandria Bay Chamber of Commerce Fireworks Display; Saint Lawrence River, Heart Island, Alexandria Bay, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range37976-37978
FR Document2015-16345

The Coast Guard is establishing a temporary safety zone on the Saint Lawrence River, Heart Island, Alexandria Bay, NY. This safety zone is intended to restrict vessels from a portion of the Saint Lawrence River during the Alexandria Bay Chamber of Commerce fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37976-37978]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16345]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0504]
RIN 1625-AA00


Safety Zone; Alexandria Bay Chamber of Commerce Fireworks 
Display; Saint Lawrence River, Heart Island, Alexandria Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Saint Lawrence River, Heart Island, Alexandria Bay, NY. This safety 
zone is intended to restrict vessels from a portion of the Saint 
Lawrence River during the Alexandria Bay Chamber of Commerce fireworks 
display. This temporary safety zone is necessary to protect mariners 
and vessels from the navigational hazards associated with a fireworks 
display.

DATES: This rule is effective on July 5, 2015 from 9:15 p.m. until 10 
p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0504]. 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 rule, 
call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. 
Coast Guard Sector Buffalo; telephone 716-843-9343, email 
[email protected]. If you have questions on viewing 
the docket, call Ms. Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826 or 1-800-647-5527.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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 doing so would be impracticable and 
contrary to the public interest. The final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be impracticable and contrary to the public interest because it would 
inhibit the Coast Guard's ability to protect spectators and vessels 
from the hazards associated with a maritime fireworks display. 
Therefore, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this temporary rule effective less than 30 days 
after publication in the Federal Register. For the same reasons 
discussed above, waiting for a 30 day notice period to run would be 
impracticable.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    Between 9:15 p.m. and 10 p.m. on July 5, 2015, a fireworks display 
will be held on the shoreline of the Saint Lawrence River on Heart 
Island in Alexandria Bay, NY. It is anticipated that numerous vessels 
will be in the immediate vicinity of the launch point. The Captain of 
the Port Buffalo has determined that such a launch proximate to a 
gathering of watercraft pose a significant risk to public safety and 
property. Such hazards include premature and accidental detonations, 
dangerous projectiles, and falling or burning debris.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Buffalo has determined that this temporary safety zone is necessary to 
ensure the safety of spectators and vessels during the Alexandria Bay 
Chamber of Commerce fireworks display. This zone will be enforced from 
9:15 p.m. until 10 p.m. on July 5, 2015. This zone will encompass all 
waters of the Saint Lawrence River, Heart Island, Alexandria Bay, NY 
within an 800-foot radius of position 44[deg]20'38.5'' N and 
075[deg]55'19.1'' W (NAD 83).
    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.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and 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.
    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 enforced for a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, the safety zone has been designed to allow

[[Page 37977]]

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.

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 
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. 
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 will affect the following entities, some of which 
might be small entities: the owners or operators of vessels intending 
to transit or anchor in a portion of the Saint Lawrence River on the 
evening of July 5, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: this 
safety zone would be effective, and thus subject to enforcement, for 
only 45 minutes late in the day. Traffic may be allowed to pass through 
the zone with the permission of the Captain of the Port. The Captain of 
the Port can be reached via VHF channel 16. Before the enforcement of 
the zone, we would issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 above.
    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.

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. 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.

7. 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.

8. Taking of Private Property

    This rule will 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.

9. 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.

10. Protection of Children

    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 does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and, 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
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 amends 
33 CFR parts 165 as follows:

[[Page 37978]]

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. Sec.  165.T09-0504 Safety Zone; Alexandria Bay Chamber of Commerce 
Fireworks Display; Saint Lawrence River, Heart Island, Alexandria Bay, 
NY.
    (a) Location. This zone will encompass all waters of the Saint 
Lawrence River, Heart Island, Alexandria Bay, NY within an 800-foot 
radius of position 44[deg]20'38.5'' N and 075[deg]55'19.1'' W (NAD 83).
    (b) Enforcement period. This regulation will be enforced on July 5, 
2015 from 9:15 p.m. until 10 p.m.
    (c) 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) 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 15, 2015.
B. W. Roche,
Captain, U. S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16345 Filed 7-1-15; 8:45 am]
BILLING CODE 9110-04-P



                                                        37976               Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

                                                        transmission medium), or for                             docket, call Ms. Cheryl Collins, Program              The Captain of the Port Buffalo has
                                                        counteracting such activities.                           Manager, Docket Operations, telephone                 determined that such a launch
                                                        *    *     *    *    *                                   202–366–9826 or 1–800–647–5527.                       proximate to a gathering of watercraft
                                                                                                                 SUPPLEMENTARY INFORMATION:                            pose a significant risk to public safety
                                                        Kenneth B. Handelman,                                                                                          and property. Such hazards include
                                                        Deputy Assistant Secretary for Defense Trade             Table of Acronyms                                     premature and accidental detonations,
                                                        Controls, Bureau of Political-Military Affairs,          DHS Department of Homeland Security                   dangerous projectiles, and falling or
                                                        U.S. Department of State.                                FR Federal Register                                   burning debris.
                                                        [FR Doc. 2015–16489 Filed 7–1–15; 8:45 am]               NPRM Notice of Proposed Rulemaking
                                                        BILLING CODE 4710–25–P                                   TFR Temporary Final Rule                              C. Discussion of the Final Rule
                                                                                                                 A. Regulatory History and Information                   With the aforementioned hazards in
                                                                                                                                                                       mind, the Captain of the Port Buffalo
                                                        DEPARTMENT OF HOMELAND                                      The Coast Guard is issuing this                    has determined that this temporary
                                                        SECURITY                                                 temporary final rule without prior                    safety zone is necessary to ensure the
                                                                                                                 notice and opportunity to comment                     safety of spectators and vessels during
                                                        Coast Guard                                              pursuant to authority under section 4(a)              the Alexandria Bay Chamber of
                                                                                                                 of the Administrative Procedure Act                   Commerce fireworks display. This zone
                                                        33 CFR Part 165                                          (APA) (5 U.S.C. 553(b)). This provision               will be enforced from 9:15 p.m. until 10
                                                                                                                 authorizes an agency to issue a rule                  p.m. on July 5, 2015. This zone will
                                                        [Docket Number USCG–2015–0504]                           without prior notice and opportunity to               encompass all waters of the Saint
                                                        RIN 1625–AA00                                            comment when the agency for good                      Lawrence River, Heart Island,
                                                                                                                 cause finds that those procedures are                 Alexandria Bay, NY within an 800-foot
                                                        Safety Zone; Alexandria Bay Chamber                      ‘‘impracticable, unnecessary, or contrary             radius of position 44°20′38.5″ N and
                                                        of Commerce Fireworks Display; Saint                     to the public interest.’’ Under 5 U.S.C.              075°55′19.1″ W (NAD 83).
                                                        Lawrence River, Heart Island,                            553(b)(B), the Coast Guard finds that                   Entry into, transiting, or anchoring
                                                        Alexandria Bay, NY                                       good cause exists for not publishing a                within the safety zone is prohibited
                                                        AGENCY:    Coast Guard, DHS.                             notice of proposed rulemaking (NPRM)                  unless authorized by the Captain of the
                                                                                                                 with respect to this rule because doing               Port Buffalo or his designated on-scene
                                                        ACTION:   Temporary final rule.
                                                                                                                 so would be impracticable and contrary                representative. The Captain of the Port
                                                        SUMMARY:   The Coast Guard is                            to the public interest. The final details             or his designated on-scene
                                                        establishing a temporary safety zone on                  for this event were not known to the                  representative may be contacted via
                                                        the Saint Lawrence River, Heart Island,                  Coast Guard until there was insufficient              VHF Channel 16.
                                                        Alexandria Bay, NY. This safety zone is                  time remaining before the event to
                                                                                                                 publish an NPRM. Thus, delaying the                   D. Regulatory Analyses
                                                        intended to restrict vessels from a
                                                        portion of the Saint Lawrence River                      effective date of this rule to wait for a               We developed this rule after
                                                        during the Alexandria Bay Chamber of                     comment period to run would be                        considering numerous statutes and
                                                        Commerce fireworks display. This                         impracticable and contrary to the public              executive orders related to rulemaking.
                                                        temporary safety zone is necessary to                    interest because it would inhibit the                 Below we summarize our analyses
                                                        protect mariners and vessels from the                    Coast Guard’s ability to protect                      based on these statutes and executive
                                                        navigational hazards associated with a                   spectators and vessels from the hazards               orders.
                                                        fireworks display.                                       associated with a maritime fireworks
                                                                                                                                                                       1. Regulatory Planning and Review
                                                        DATES: This rule is effective on July 5,                 display. Therefore, under 5 U.S.C.
                                                                                                                 553(d)(3), the Coast Guard finds that                    This rule is not a significant
                                                        2015 from 9:15 p.m. until 10 p.m.
                                                                                                                 good cause exists for making this                     regulatory action under section 3(f) of
                                                        ADDRESSES: Documents mentioned in
                                                                                                                 temporary rule effective less than 30                 Executive Order 12866, Regulatory
                                                        this preamble are part of docket [USCG–                                                                        Planning and Review, as supplemented
                                                        2015–0504]. To view documents                            days after publication in the Federal
                                                                                                                 Register. For the same reasons                        by Executive Order 13563, Improving
                                                        mentioned in this preamble as being                                                                            Regulation and Regulatory Review, and
                                                        available in the docket, go to http://                   discussed above, waiting for a 30 day
                                                                                                                 notice period to run would be                         does not require an assessment of
                                                        www.regulations.gov, type the docket                                                                           potential costs and benefits under
                                                        number in the ‘‘SEARCH’’ box and click                   impracticable.
                                                                                                                                                                       section 6(a)(3) of Executive Order 12866
                                                        ‘‘SEARCH.’’ Click on Open Docket                         B. Basis and Purpose                                  or under section 1 of Executive Order
                                                        Folder on the line associated with this                    The legal basis and authorities for this            13563. The Office of Management and
                                                        rulemaking. You may also visit the                       rule are found in 33 U.S.C. 1231, 46                  Budget has not reviewed it under those
                                                        Docket Management Facility in Room                       U.S.C. Chapter 701, 3306, 3703; 50                    Orders.
                                                        W12–140 on the ground floor of the                       U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,                  We conclude that this rule is not a
                                                        Department of Transportation West                        6.04–6, and 160.5; Public Law 107–295,                significant regulatory action because we
                                                        Building, 1200 New Jersey Avenue SE.,                    116 Stat. 2064; and Department of                     anticipate that it will have minimal
                                                        Washington, DC 20590, between 9 a.m.                     Homeland Security Delegation No.                      impact on the economy, will not
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                                                        and 5 p.m., Monday through Friday,                       0170.1, which collectively authorize the              interfere with other agencies, will not
                                                        except Federal holidays.                                 Coast Guard to establish and define                   adversely alter the budget of any grant
                                                        FOR FURTHER INFORMATION CONTACT: If                      regulatory safety zones.                              or loan recipients, and will not raise any
                                                        you have questions on this rule, call or                   Between 9:15 p.m. and 10 p.m. on                    novel legal or policy issues. The safety
                                                        email LTJG Amanda Garcia, Chief of                       July 5, 2015, a fireworks display will be             zone created by this rule will be
                                                        Waterways Management, U.S. Coast                         held on the shoreline of the Saint                    relatively small and enforced for a
                                                        Guard Sector Buffalo; telephone 716–                     Lawrence River on Heart Island in                     relatively short time. Also, the safety
                                                        843–9343, email                                          Alexandria Bay, NY. It is anticipated                 zone is designed to minimize its impact
                                                        SectorBuffaloMarineSafety@uscg.mil. If                   that numerous vessels will be in the                  on navigable waters. Furthermore, the
                                                        you have questions on viewing the                        immediate vicinity of the launch point.               safety zone has been designed to allow


                                                   VerDate Sep<11>2014   23:22 Jul 01, 2015   Jkt 235001   PO 00000   Frm 00054   Fmt 4700   Sfmt 4700   E:\FR\FM\02JYR1.SGM   02JYR1


                                                                            Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations                                        37977

                                                        vessels to transit around it. Thus,                      about this rule or any policy or action               does not create an environmental risk to
                                                        restrictions on vessel movement within                   of the Coast Guard.                                   health or risk to safety that may
                                                        that particular area are expected to be                                                                        disproportionately affect children.
                                                                                                                 4. Collection of Information
                                                        minimal. Under certain conditions,
                                                        moreover, vessels may still transit                        This rule will not call for a new                   11. Indian Tribal Governments
                                                        through the safety zone when permitted                   collection of information under the                      This rule does not have tribal
                                                        by the Captain of the Port.                              Paperwork Reduction Act of 1995 (44                   implications under Executive Order
                                                                                                                 U.S.C. 3501–3520).
                                                        2. Impact on Small Entities                                                                                    13175, Consultation and Coordination
                                                           Under the Regulatory Flexibility Act                  5. Federalism                                         with Indian Tribal Governments,
                                                        (5 U.S.C. 601–612), we have considered                      A rule has implications for federalism             because it does not have a substantial
                                                        the impact of this rule on small entities.               under Executive Order 13132,                          direct effect on one or more Indian
                                                        The Coast Guard certifies under 5 U.S.C.                 Federalism, if it has a substantial direct            tribes, on the relationship between the
                                                        605(b) that this rule will not have a                    effect on the States, on the relationship             Federal Government and Indian tribes,
                                                        significant economic impact on a                         between the national government and                   or on the distribution of power and
                                                        substantial number of small entities.                    the States, or on the distribution of                 responsibilities between the Federal
                                                        The Coast Guard certifies under 5 U.S.C.                 power and responsibilities among the                  Government and Indian tribes.
                                                        605(b) that this rule will not have a                    various levels of government. We have                 12. Energy Effects
                                                        significant economic impact on a                         analyzed this rule under that Order and
                                                        substantial number of small entities.                    determined that this rule does not have                 This action is not a ‘‘significant
                                                        This rule will affect the following                      implications for federalism.                          energy action’’ under Executive Order
                                                        entities, some of which might be small                                                                         13211, Actions Concerning Regulations
                                                        entities: the owners or operators of                     6. Protest Activities
                                                                                                                                                                       That Significantly Affect Energy Supply,
                                                        vessels intending to transit or anchor in                  The Coast Guard respects the First                  Distribution, or Use.
                                                        a portion of the Saint Lawrence River on                 Amendment rights of protesters.
                                                        the evening of July 5, 2015.                             Protesters are asked to contact the                   13. Technical Standards
                                                           This safety zone will not have a                      person listed in the ‘‘For Further
                                                        significant economic impact on a                                                                                 This rule does not use technical
                                                                                                                 Information Contact’’ section to                      standards. Therefore, we did not
                                                        substantial number of small entities for                 coordinate protest activities so that your
                                                        the following reasons: this safety zone                                                                        consider the use of voluntary consensus
                                                                                                                 message can be received without                       standards.
                                                        would be effective, and thus subject to                  jeopardizing the safety or security of
                                                        enforcement, for only 45 minutes late in                 people, places, or vessels.                           14. Environment
                                                        the day. Traffic may be allowed to pass
                                                        through the zone with the permission of                  7. Unfunded Mandates Reform Act                          We have analyzed this rule under
                                                        the Captain of the Port. The Captain of                    The Unfunded Mandates Reform Act                    Department of Homeland Security
                                                        the Port can be reached via VHF                          of 1995 (2 U.S.C. 1531–1538) requires                 Management Directive 023–01 and
                                                        channel 16. Before the enforcement of                    Federal agencies to assess the effects of             Commandant Instruction M16475.lD,
                                                        the zone, we would issue local                           their discretionary regulatory actions. In            which guide the Coast Guard in
                                                        Broadcast Notice to Mariners.                            particular, the Act addresses actions                 complying with the National
                                                                                                                 that may result in the expenditure by a               Environmental Policy Act of 1969
                                                        3. Assistance for Small Entities                                                                               (NEPA)(42 U.S.C. 4321–4370f), and
                                                                                                                 State, local, or tribal government, in the
                                                           Under section 213(a) of the Small                     aggregate, or by the private sector of                have determined that this action is one
                                                        Business Regulatory Enforcement                          $100,000,000 (adjusted for inflation) or              of a category of actions that do not
                                                        Fairness Act of 1996 (Public Law 104–                    more in any one year. Though this rule                individually or cumulatively have a
                                                        121), we want to assist small entities in                will not result in such an expenditure,               significant effect on the human
                                                        understanding this rule. If the rule                     we do discuss the effects of this rule                environment. This rule involves the
                                                        would affect your small business,                        elsewhere in this preamble.                           establishment of a safety zone and,
                                                        organization, or governmental                                                                                  therefore it is categorically excluded
                                                        jurisdiction and you have questions                      8. Taking of Private Property                         from further review under paragraph
                                                        concerning its provisions or options for                   This rule will not cause a taking of                34(g) of Figure 2–1 of the Commandant
                                                        compliance, please contact the person                    private property or otherwise have                    Instruction. An environmental analysis
                                                        listed in the FOR FURTHER INFORMATION                    taking implications under Executive                   checklist supporting this determination
                                                        CONTACT section above.                                   Order 12630, Governmental Actions and                 and a Categorical Exclusion
                                                           Small businesses may send comments                    Interference with Constitutionally                    Determination are available in the
                                                        on the actions of Federal employees                      Protected Property Rights.                            docket where indicated under
                                                        who enforce, or otherwise determine                                                                            ADDRESSES. We seek any comments or
                                                        compliance with, Federal regulations to                  9. Civil Justice Reform
                                                                                                                                                                       information that may lead to the
                                                        the Small Business and Agriculture                         This rule meets applicable standards                discovery of a significant environmental
                                                        Regulatory Enforcement Ombudsman                         in sections 3(a) and 3(b)(2) of Executive             impact from this rule.
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                                                        and the Regional Small Business                          Order 12988, Civil Justice Reform, to
                                                        Regulatory Fairness Boards. The                          minimize litigation, eliminate                        List of Subjects in 33 CFR Part 165
                                                        Ombudsman evaluates these actions                        ambiguity, and reduce burden.                           Harbors, Marine safety, Navigation
                                                        annually and rates each agency’s
                                                                                                                 10. Protection of Children                            (water), Reporting and record keeping
                                                        responsiveness to small business. If you
                                                                                                                                                                       requirements, Security measures,
                                                        wish to comment on actions by                              We have analyzed this rule under
                                                                                                                                                                       Waterways.
                                                        employees of the Coast Guard, call 1–                    Executive Order 13045, Protection of
                                                        888–REG–FAIR (1–888–734–3247). The                       Children from Environmental Health                      For the reasons discussed in the
                                                        Coast Guard will not retaliate against                   Risks and Safety Risks. This rule is not              preamble, the Coast Guard amends 33
                                                        small entities that question or complain                 an economically significant rule and                  CFR parts 165 as follows:


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                                                        37978               Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

                                                        PART 165—REGULATED NAVIGATION                            DEPARTMENT OF HOMELAND                                pursuant to authority under section 4(a)
                                                        AREAS AND LIMITED ACCESS AREAS                           SECURITY                                              of the Administrative Procedure Act
                                                                                                                                                                       (APA) (5 U.S.C. 553(b)). This provision
                                                        ■ 1. The authority citation for part 165                 Coast Guard                                           authorizes an agency to issue a rule
                                                        continues to read as follows:                                                                                  without prior notice and opportunity to
                                                                                                                 33 CFR Part 165                                       comment when the agency for good
                                                          Authority: 33 U.S.C. 1231; 46 U.S.C.                                                                         cause finds that those procedures are
                                                        Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;            [Docket Number USCG–2015–0500]
                                                                                                                                                                       ‘‘impracticable, unnecessary, or contrary
                                                        33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                RIN 1625–AA00                                         to the public interest.’’ Under 5 U.S.C.
                                                        Pub. L. 107–295, 116 Stat. 2064; Department                                                                    553(b)(B), the Coast Guard finds that
                                                        of Homeland Security Delegation No. 0170.1.              Safety Zone; Bay Village Independence                 good cause exists for not publishing a
                                                                                                                 Day Celebration Fireworks Display;                    notice of proposed rulemaking (NPRM)
                                                        ■ 2. § 165.T09–0504 Safety Zone;                         Lake Erie, Bay Village, OH                            with respect to this rule because doing
                                                        Alexandria Bay Chamber of Commerce                                                                             so would be impracticable and contrary
                                                                                                                 AGENCY:    Coast Guard, DHS.
                                                        Fireworks Display; Saint Lawrence                                                                              to the public interest. The final details
                                                        River, Heart Island, Alexandria Bay,                     ACTION:   Temporary final rule.
                                                                                                                                                                       for this event were not known to the
                                                        NY.                                                      SUMMARY:   The Coast Guard is                         Coast Guard until there was insufficient
                                                          (a) Location. This zone will                           establishing a temporary safety zone on               time remaining before the event to
                                                        encompass all waters of the Saint                        Lake Erie, Bay Village, OH. This safety               publish an NPRM. Thus, delaying the
                                                        Lawrence River, Heart Island,                            zone is intended to restrict vessels from             effective date of this rule to wait for a
                                                        Alexandria Bay, NY within an 800-foot                    a portion of Lake Erie during the Bay                 comment period to run would be
                                                        radius of position 44°20′38.5″ N and                     Village Independence Day Celebration                  impracticable and contrary to the public
                                                        075°55′19.1″ W (NAD 83).                                 fireworks display. This temporary safety              interest because it would inhibit the
                                                                                                                 zone is necessary to protect mariners                 Coast Guard’s ability to protect
                                                          (b) Enforcement period. This                           and vessels from the navigational                     spectators and vessels from the hazards
                                                        regulation will be enforced on July 5,                   hazards associated with a fireworks                   associated with a maritime fireworks
                                                        2015 from 9:15 p.m. until 10 p.m.                        display.                                              display.
                                                          (c) Regulations. (1) In accordance with                                                                         Under 5 U.S.C. 553(d)(3), the Coast
                                                                                                                 DATES:  This rule is effective from 9:45              Guard finds that good cause exists for
                                                        the general regulations in § 165.23 of                   p.m. until 10:35 p.m. on July 4, 2015.
                                                        this part, entry into, transiting, or                                                                          making this temporary rule effective less
                                                                                                                 ADDRESSES: Documents mentioned in                     than 30 days after publication in the
                                                        anchoring within this safety zone is                     this preamble are part of docket [USCG–
                                                        prohibited unless authorized by the                                                                            Federal Register. For the same reasons
                                                                                                                 2015–0500]. To view documents                         discussed in the preceding paragraph,
                                                        Captain of the Port Buffalo or his                       mentioned in this preamble as being                   waiting for a 30 day notice period to run
                                                        designated on-scene representative.                      available in the docket, go to http://                would be impracticable and contrary to
                                                          (2) This safety zone is closed to all                  www.regulations.gov, type the docket                  the public interest.
                                                        vessel traffic, except as may be                         number in the ‘‘SEARCH’’ box and click
                                                        permitted by the Captain of the Port                     ‘‘SEARCH.’’ Click on Open Docket                      B. Basis and Purpose
                                                        Buffalo or his designated on-scene                       Folder on the line associated with this                 The legal basis and authorities for this
                                                        representative.                                          rulemaking. You may also visit the                    rule are found in 33 U.S.C. 1231, 46
                                                                                                                 Docket Management Facility in Room                    U.S.C. Chapter 701, 3306, 3703; 50
                                                          (3) The ‘‘on-scene representative’’ of
                                                                                                                 W12–140 on the ground floor of the                    U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
                                                        the Captain of the Port Buffalo is any                   Department of Transportation West                     6.04–6, and 160.5; Public Law 107–295,
                                                        Coast Guard commissioned, warrant or                     Building, 1200 New Jersey Avenue SE.,                 116 Stat. 2064; and Department of
                                                        petty officer who has been designated                    Washington, DC 20590, between 9 a.m.                  Homeland Security Delegation No.
                                                        by the Captain of the Port Buffalo to act                and 5 p.m., Monday through Friday,                    0170.1, which collectively authorize the
                                                        on his behalf.                                           except Federal holidays.                              Coast Guard to establish and define
                                                          (4) Vessel operators desiring to enter                 FOR FURTHER INFORMATION CONTACT: If                   regulatory safety zones.
                                                        or operate within the safety zone must                   you have questions on this rule, call LT                Between 9:45 p.m. and 10:35 p.m. on
                                                        contact the Captain of the Port Buffalo                  Stephanie Pitts, Chief of Waterways                   July 4, 2015, a fireworks display will be
                                                        or his on-scene representative to obtain                 Management, U.S. Coast Guard Marine                   held on the shoreline of Lake Erie, Bay
                                                        permission to do so. The Captain of the                  Safety Unit Cleveland; telephone 216–                 Village, OH. It is anticipated that
                                                        Port Buffalo or his on-scene                             937–0128. If you have questions on                    numerous vessels will be in the
                                                        representative may be contacted via                      viewing the docket, call Ms. Cheryl                   immediate vicinity of the launch point.
                                                        VHF Channel 16. Vessel operators given                   Collins, Program Manager, Docket                      The Captain of the Port Buffalo has
                                                        permission to enter or operate in the                    Operations, telephone 202–366–9826 or                 determined that such a launch
                                                                                                                 1–800–647–5527.                                       proximate to a gathering of watercraft
                                                        safety zone must comply with all
                                                                                                                 SUPPLEMENTARY INFORMATION:                            pose a significant risk to public safety
                                                        directions given to them by the Captain
                                                                                                                                                                       and property. Such hazards include
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER




                                                        of the Port Buffalo, or his on-scene                     Table of Acronyms                                     premature and accidental detonations,
                                                        representative.                                                                                                dangerous projectiles, and falling or
                                                                                                                 DHS Department of Homeland Security
                                                          Dated: June 15, 2015.                                  FR Federal Register                                   burning debris.
                                                        B. W. Roche,                                             NPRM Notice of Proposed Rulemaking
                                                                                                                                                                       C. Discussion of the Final Rule
                                                        Captain, U. S. Coast Guard, Captain of the               TFR Temporary Final Rule
                                                        Port Buffalo.
                                                                                                                                                                         With the aforementioned hazards in
                                                                                                                 A. Regulatory History and Information                 mind, the Captain of the Port Buffalo
                                                        [FR Doc. 2015–16345 Filed 7–1–15; 8:45 am]
                                                                                                                   The Coast Guard is issuing this                     has determined that this temporary
                                                        BILLING CODE 9110–04–P                                   temporary final rule without prior                    safety zone is necessary to ensure the
                                                                                                                 notice and opportunity to comment                     safety of spectators and vessels during


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Document Created: 2015-12-15 13:14:56
Document Modified: 2015-12-15 13:14:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective on July 5, 2015 from 9:15 p.m. until 10 p.m.
ContactIf you have questions on this rule, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.
FR Citation80 FR 37976 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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