80_FR_38109 80 FR 37982 - Safety Zone; Independence Day Celebration Fireworks Display; Lake Ontario, Oswego, NY

80 FR 37982 - Safety Zone; Independence Day Celebration Fireworks Display; Lake Ontario, Oswego, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range37982-37984
FR Document2015-16352

The Coast Guard is establishing a temporary safety zone on Lake Ontario, Oswego, NY. This safety zone is intended to restrict vessels from a portion of Lake Ontario during the Independence Day Celebration 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 37982-37984]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16352]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0503]
RIN 1625-AA00


Safety Zone; Independence Day Celebration Fireworks Display; Lake 
Ontario, Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Ontario, Oswego, NY. This safety zone is intended to restrict 
vessels from a portion of Lake Ontario during the Independence Day 
Celebration 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 will be effective on July 5, 2015 from 9:30 p.m. until 
10:30 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0503]. 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.

[[Page 37983]]


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 
SectorBuffaloMarineSafety@uscg.mil. 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 and contrary to the public interest.

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; Pub. L. 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 9:30 p.m. and 10:30 p.m. on July 5, 2015, a fireworks 
display will be held on the shoreline of Lake Ontario in Oswego, 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 Independence Day 
Celebration fireworks display. This zone will be enforced from 9:30 
p.m. until 10:30 p.m. on July 5, 2015. This zone will encompass all 
waters of Lake Ontario, Oswego, NY within a 420-foot radius of position 
43[deg]27'56.88'' N. and 076[deg]30'43.96'' 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 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 Lake Ontario 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 60 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

[[Page 37984]]

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:

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.

Sec.  165.T09-0503  Safety Zone; Independence Day Celebration Fireworks 
Display; Lake Ontario, Oswego, NY.

    (a) Location. This zone will encompass all waters of Lake Ontario, 
Oswego, NY within a 420-foot radius of position 43[deg]27'56.88'' N. 
and 076[deg]30'43.96'' W. (NAD 83).
    (b) Enforcement Period. This regulation will be enforced on July 5, 
2015 from 9:30 p.m. until 10:30 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. 2015-16352 Filed 7-1-15; 8:45 am]
BILLING CODE 9110-04-P



                                                        37982               Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

                                                        their discretionary regulatory actions. In               Environmental Policy Act of 1969                        (4) Vessel operators desiring to enter
                                                        particular, the Act addresses actions                    (NEPA) (42 U.S.C. 4321–4370f), and                    or operate within the safety zone must
                                                        that may result in the expenditure by a                  have determined that this action is one               contact the Captain of the Port Buffalo
                                                        State, local, or tribal government, in the               of a category of actions that do not                  or his on-scene representative to obtain
                                                        aggregate, or by the private sector of                   individually or cumulatively have a                   permission to do so. The Captain of the
                                                        $100,000,000 (adjusted for inflation) or                 significant effect on the human                       Port Buffalo or his on-scene
                                                        more in any one year. Though this rule                   environment. This rule involves the                   representative may be contacted via
                                                        will not result in such an expenditure,                  establishment of a safety zone and,                   VHF Channel 16. Vessel operators given
                                                        we do discuss the effects of this rule                   therefore it is categorically excluded                permission to enter or operate in the
                                                        elsewhere in this preamble.                              from further review under paragraph                   safety zone must comply with all
                                                                                                                 34(g) of Figure 2–1 of the Commandant                 directions given to them by the Captain
                                                        8. Taking of Private Property                            Instruction. An environmental analysis                of the Port Buffalo, or his on-scene
                                                          This rule will not cause a taking of                   checklist supporting this determination               representative.
                                                        private property or otherwise have                       and a Categorical Exclusion                             Dated: June 15, 2015.
                                                        taking implications under Executive                      Determination are available in the
                                                                                                                                                                       B.W. Roche,
                                                        Order 12630, Governmental Actions and                    docket where indicated under
                                                        Interference with Constitutionally                       ADDRESSES. We seek any comments or                    Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                                       Port Buffalo.
                                                        Protected Property Rights.                               information that may lead to the
                                                                                                                 discovery of a significant environmental              [FR Doc. 2015–16353 Filed 7–1–15; 8:45 am]
                                                        9. Civil Justice Reform                                  impact from this rule.                                BILLING CODE 9110–04–P
                                                          This rule meets applicable standards
                                                                                                                 List of Subjects in 33 CFR Part 165
                                                        in sections 3(a) and 3(b)(2) of Executive
                                                        Order 12988, Civil Justice Reform, to                      Harbors, Marine safety, Navigation                  DEPARTMENT OF HOMELAND
                                                        minimize litigation, eliminate                           (water), Reporting and record keeping                 SECURITY
                                                        ambiguity, and reduce burden.                            requirements, Security measures,
                                                                                                                 Waterways.                                            Coast Guard
                                                        10. Protection of Children
                                                                                                                   For the reasons discussed in the
                                                          We have analyzed this rule under                                                                             33 CFR Part 165
                                                                                                                 preamble, the Coast Guard amends 33
                                                        Executive Order 13045, Protection of                     CFR parts 165 as follows:                             [Docket Number USCG–2015–0503]
                                                        Children from Environmental Health
                                                        Risks and Safety Risks. This rule is not                 PART 165—REGULATED NAVIGATION                         RIN 1625–AA00
                                                        an economically significant rule and                     AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                                       Safety Zone; Independence Day
                                                        does not create an environmental risk to                                                                       Celebration Fireworks Display; Lake
                                                        health or risk to safety that may                        ■ 1. The authority citation for part 165
                                                                                                                 continues to read as follows:                         Ontario, Oswego, NY
                                                        disproportionately affect children.
                                                                                                                   Authority: 33 U.S.C. 1231; 46 U.S.C.                AGENCY:    Coast Guard, DHS.
                                                        11. Indian Tribal Governments                            Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
                                                                                                                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             ACTION:   Temporary final rule.
                                                           This rule does not have tribal
                                                        implications under Executive Order                       Pub. L. 107–295, 116 Stat. 2064; Department
                                                                                                                 of Homeland Security Delegation No. 0170.1.
                                                                                                                                                                       SUMMARY:   The Coast Guard is
                                                        13175, Consultation and Coordination                                                                           establishing a temporary safety zone on
                                                        with Indian Tribal Governments,                          § 165.T09–0506 Safety Zone; Erie Boom on              Lake Ontario, Oswego, NY. This safety
                                                        because it does not have a substantial                   the Bay Fireworks Display; Presque Isle               zone is intended to restrict vessels from
                                                        direct effect on one or more Indian                      Bay, Erie, PA.                                        a portion of Lake Ontario during the
                                                        tribes, on the relationship between the                    (a) Location. This zone will                        Independence Day Celebration
                                                        Federal Government and Indian tribes,                    encompass all waters of Lake Erie,                    fireworks display. This temporary safety
                                                        or on the distribution of power and                      Presque Isle Bay; Erie, PA within a 400-              zone is necessary to protect mariners
                                                        responsibilities between the Federal                     footradius of position 42°8′20″ N. and                and vessels from the navigational
                                                        Government and Indian tribes.                            080°5′29″ W. (NAD 83).                                hazards associated with a fireworks
                                                                                                                   (b) Enforcement period. This                        display.
                                                        12. Energy Effects                                       regulation will be enforced on July 4,
                                                          This action is not a ‘‘significant                     2015 from 9:30 p.m. until 10:30 p.m.                  DATES:  This rule will be effective on July
                                                        energy action’’ under Executive Order                      (c) Regulations. (1) In accordance with             5, 2015 from 9:30 p.m. until 10:30 p.m.
                                                        13211, Actions Concerning Regulations                    the general regulations in § 165.23 of                ADDRESSES: Documents mentioned in
                                                        That Significantly Affect Energy Supply,                 this part, entry into, transiting, or                 this preamble are part of docket [USCG–
                                                        Distribution, or Use.                                    anchoring within this safety zone is                  2015–0503]. To view documents
                                                                                                                 prohibited unless authorized by the                   mentioned in this preamble as being
                                                        13. Technical Standards                                  Captain of the Port Buffalo or his                    available in the docket, go to http://
                                                          This rule does not use technical                       designated on-scene representative.                   www.regulations.gov, type the docket
                                                        standards. Therefore, we did not                           (2) This safety zone is closed to all               number in the ‘‘SEARCH’’ box and click
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER




                                                        consider the use of voluntary consensus                  vessel traffic, except as may be                      ‘‘SEARCH.’’ Click on Open Docket
                                                        standards.                                               permitted by the Captain of the Port                  Folder on the line associated with this
                                                                                                                 Buffalo or his designated on-scene                    rulemaking. You may also visit the
                                                        14. Environment                                                                                                Docket Management Facility in Room
                                                                                                                 representative.
                                                          We have analyzed this rule under                         (3) The ‘‘on-scene representative’’ of              W12–140 on the ground floor of the
                                                        Department of Homeland Security                          the Captain of the Port Buffalo is any                Department of Transportation West
                                                        Management Directive 023–01 and                          Coast Guard commissioned, warrant or                  Building, 1200 New Jersey Avenue SE.,
                                                        Commandant Instruction M16475.lD,                        petty officer who has been designated                 Washington, DC 20590, between 9 a.m.
                                                        which guide the Coast Guard in                           by the Captain of the Port Buffalo to act             and 5 p.m., Monday through Friday,
                                                        complying with the National                              on his behalf.                                        except Federal holidays.


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                                                                            Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations                                         37983

                                                        FOR FURTHER INFORMATION CONTACT:     If                  Coast Guard to establish and define                   novel legal or policy issues. The safety
                                                        you have questions on this rule, call or                 regulatory safety zones.                              zone created by this rule will be
                                                        email LTJG Amanda Garcia, Chief of                         Between 9:30 p.m. and 10:30 p.m. on                 relatively small and enforced for a
                                                        Waterways Management, U.S. Coast                         July 5, 2015, a fireworks display will be             relatively short time. Also, the safety
                                                        Guard Sector Buffalo; telephone 716–                     held on the shoreline of Lake Ontario in              zone is designed to minimize its impact
                                                        843–9343, email                                          Oswego, NY. It is anticipated that                    on navigable waters. Furthermore, the
                                                        SectorBuffaloMarineSafety@uscg.mil. If                   numerous vessels will be in the                       safety zone has been designed to allow
                                                        you have questions on viewing the                        immediate vicinity of the launch point.               vessels to transit around it. Thus,
                                                        docket, call Ms. Cheryl Collins, Program                 The Captain of the Port Buffalo has                   restrictions on vessel movement within
                                                        Manager, Docket Operations, telephone                    determined that such a launch                         that particular area are expected to be
                                                        202–366–9826 or 1–800–647–5527.                          proximate to a gathering of watercraft                minimal. Under certain conditions,
                                                        SUPPLEMENTARY INFORMATION:                               pose a significant risk to public safety              moreover, vessels may still transit
                                                                                                                 and property. Such hazards include                    through the safety zone when permitted
                                                        Table of Acronyms                                        premature and accidental detonations,                 by the Captain of the Port.
                                                        DHS Department of Homeland Security                      dangerous projectiles, and falling or                 2. Impact on Small Entities
                                                        FR Federal Register                                      burning debris.
                                                        NPRM Notice of Proposed Rulemaking                                                                                Under the Regulatory Flexibility Act
                                                        TFR Temporary Final Rule                                 C. Discussion of the Final Rule                       (5 U.S.C. 601–612), we have considered
                                                        A. Regulatory History and Information                       With the aforementioned hazards in                 the impact of this rule on small entities.
                                                                                                                 mind, the Captain of the Port Buffalo                 The Coast Guard certifies under 5 U.S.C.
                                                           The Coast Guard is issuing this                       has determined that this temporary                    605(b) that this rule will not have a
                                                        temporary final rule without prior                       safety zone is necessary to ensure the                significant economic impact on a
                                                        notice and opportunity to comment                        safety of spectators and vessels during               substantial number of small entities.
                                                        pursuant to authority under section 4(a)                 the Independence Day Celebration                      The Coast Guard certifies under 5 U.S.C.
                                                        of the Administrative Procedure Act                      fireworks display. This zone will be                  605(b) that this rule will not have a
                                                        (APA) (5 U.S.C. 553(b)). This provision                  enforced from 9:30 p.m. until 10:30 p.m.              significant economic impact on a
                                                        authorizes an agency to issue a rule                     on July 5, 2015. This zone will                       substantial number of small entities.
                                                        without prior notice and opportunity to                  encompass all waters of Lake Ontario,                 This rule will affect the following
                                                        comment when the agency for good                         Oswego, NY within a 420-foot radius of                entities, some of which might be small
                                                        cause finds that those procedures are                    position 43°27′56.88″ N. and                          entities: The owners or operators of
                                                        ‘‘impracticable, unnecessary, or contrary                076°30′43.96″ W. (NAD 83).                            vessels intending to transit or anchor in
                                                        to the public interest.’’ Under 5 U.S.C.                    Entry into, transiting, or anchoring               a portion of Lake Ontario on the evening
                                                        553(b)(B), the Coast Guard finds that                    within the safety zone is prohibited                  of July 5, 2015.
                                                        good cause exists for not publishing a                   unless authorized by the Captain of the                  This safety zone will not have a
                                                        notice of proposed rulemaking (NPRM)                     Port Buffalo or his designated on-scene               significant economic impact on a
                                                        with respect to this rule because doing                  representative. The Captain of the Port               substantial number of small entities for
                                                        so would be impracticable and contrary                   or his designated on-scene                            the following reasons: This safety zone
                                                        to the public interest. The final details                representative may be contacted via                   would be effective, and thus subject to
                                                        for this event were not known to the                     VHF Channel 16.                                       enforcement, for only 60 minutes late in
                                                        Coast Guard until there was insufficient                                                                       the day. Traffic may be allowed to pass
                                                        time remaining before the event to                       D. Regulatory Analyses                                through the zone with the permission of
                                                        publish an NPRM. Thus, delaying the                        We developed this rule after                        the Captain of the Port. The Captain of
                                                        effective date of this rule to wait for a                considering numerous statutes and                     the Port can be reached via VHF
                                                        comment period to run would be                           executive orders related to rulemaking.               channel 16. Before the enforcement of
                                                        impracticable and contrary to the public                 Below we summarize our analyses                       the zone, we would issue local
                                                        interest because it would inhibit the                    based on these statutes and executive                 Broadcast Notice to Mariners.
                                                        Coast Guard’s ability to protect                         orders.
                                                        spectators and vessels from the hazards                                                                        3. Assistance for Small Entities
                                                        associated with a maritime fireworks                     1. Regulatory Planning and Review                        Under section 213(a) of the Small
                                                        display. Therefore, under 5 U.S.C.                          This rule is not a significant                     Business Regulatory Enforcement
                                                        553(d)(3), the Coast Guard finds that                    regulatory action under section 3(f) of               Fairness Act of 1996 (Public Law 104–
                                                        good cause exists for making this                        Executive Order 12866, Regulatory                     121), we want to assist small entities in
                                                        temporary rule effective less than 30                    Planning and Review, as supplemented                  understanding this rule. If the rule
                                                        days after publication in the Federal                    by Executive Order 13563, Improving                   would affect your small business,
                                                        Register. For the same reasons                           Regulation and Regulatory Review, and                 organization, or governmental
                                                        discussed above, waiting for a 30 day                    does not require an assessment of                     jurisdiction and you have questions
                                                        notice period to run would be                            potential costs and benefits under                    concerning its provisions or options for
                                                        impracticable and contrary to the public                 section 6(a)(3) of Executive Order 12866              compliance, please contact the person
                                                        interest.                                                or under section 1 of Executive Order                 listed in the FOR FURTHER INFORMATION
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER




                                                                                                                 13563. The Office of Management and                   CONTACT section above.
                                                        B. Basis and Purpose                                     Budget has not reviewed it under those                   Small businesses may send comments
                                                          The legal basis and authorities for this               Orders.                                               on the actions of Federal employees
                                                        rule are found in 33 U.S.C. 1231, 46                        We conclude that this rule is not a                who enforce, or otherwise determine
                                                        U.S.C. Chapter 701, 3306, 3703; 50                       significant regulatory action because we              compliance with, Federal regulations to
                                                        U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,                  anticipate that it will have minimal                  the Small Business and Agriculture
                                                        6.04–6, and 160.5; Pub. L. 107–295, 116                  impact on the economy, will not                       Regulatory Enforcement Ombudsman
                                                        Stat. 2064; and Department of                            interfere with other agencies, will not               and the Regional Small Business
                                                        Homeland Security Delegation No.                         adversely alter the budget of any grant               Regulatory Fairness Boards. The
                                                        0170.1, which collectively authorize the                 or loan recipients, and will not raise any            Ombudsman evaluates these actions


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                                                        37984               Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

                                                        annually and rates each agency’s                         10. Protection of Children                              For the reasons discussed in the
                                                        responsiveness to small business. If you                   We have analyzed this rule under                    preamble, the Coast Guard amends 33
                                                        wish to comment on actions by                            Executive Order 13045, Protection of                  CFR parts 165 as follows:
                                                        employees of the Coast Guard, call 1–                    Children from Environmental Health
                                                        888–REG–FAIR (1–888–734–3247). The                       Risks and Safety Risks. This rule is not              PART 165—REGULATED NAVIGATION
                                                        Coast Guard will not retaliate against                   an economically significant rule and                  AREAS AND LIMITED ACCESS AREAS
                                                        small entities that question or complain                 does not create an environmental risk to
                                                        about this rule or any policy or action                  health or risk to safety that may                     ■ 1. The authority citation for part 165
                                                        of the Coast Guard.                                      disproportionately affect children.                   continues to read as follows:
                                                        4. Collection of Information                             11. Indian Tribal Governments                           Authority: 33 U.S.C. 1231; 46 U.S.C.
                                                          This rule will not call for a new                                                                            Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
                                                                                                                    This rule does not have tribal                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                        collection of information under the                      implications under Executive Order                    Pub. L. 107–295, 116 Stat. 2064; Department
                                                        Paperwork Reduction Act of 1995 (44                      13175, Consultation and Coordination                  of Homeland Security Delegation No. 0170.1.
                                                        U.S.C. 3501–3520).                                       with Indian Tribal Governments,
                                                        5. Federalism                                            because it does not have a substantial                § 165.T09–0503 Safety Zone;
                                                                                                                 direct effect on one or more Indian                   Independence Day Celebration Fireworks
                                                           A rule has implications for federalism                tribes, on the relationship between the               Display; Lake Ontario, Oswego, NY.
                                                        under Executive Order 13132,                             Federal Government and Indian tribes,
                                                        Federalism, if it has a substantial direct               or on the distribution of power and                     (a) Location. This zone will
                                                        effect on the States, on the relationship                responsibilities between the Federal                  encompass all waters of Lake Ontario,
                                                        between the national government and                      Government and Indian tribes.                         Oswego, NY within a 420-foot radius of
                                                        the States, or on the distribution of                                                                          position 43°27′56.88″ N. and
                                                        power and responsibilities among the                     12. Energy Effects                                    076°30′43.96″ W. (NAD 83).
                                                        various levels of government. We have                      This action is not a ‘‘significant                    (b) Enforcement Period. This
                                                        analyzed this rule under that Order and                  energy action’’ under Executive Order                 regulation will be enforced on July 5,
                                                        determined that this rule does not have                  13211, Actions Concerning Regulations                 2015 from 9:30 p.m. until 10:30 p.m.
                                                        implications for federalism.                             That Significantly Affect Energy Supply,
                                                                                                                 Distribution, or Use.                                   (c) Regulations.
                                                        6. Protest Activities
                                                                                                                                                                         (1) In accordance with the general
                                                          The Coast Guard respects the First                     13. Technical Standards
                                                                                                                                                                       regulations in § 165.23 of this part, entry
                                                        Amendment rights of protesters.                            This rule does not use technical                    into, transiting, or anchoring within this
                                                        Protesters are asked to contact the                      standards. Therefore, we did not                      safety zone is prohibited unless
                                                        person listed in the FOR FURTHER                         consider the use of voluntary consensus               authorized by the Captain of the Port
                                                        INFORMATION CONTACT section to                           standards.                                            Buffalo or his designated on-scene
                                                        coordinate protest activities so that your                                                                     representative.
                                                                                                                 14. Environment
                                                        message can be received without
                                                        jeopardizing the safety or security of                      We have analyzed this rule under                     (2) This safety zone is closed to all
                                                        people, places, or vessels.                              Department of Homeland Security                       vessel traffic, except as may be
                                                                                                                 Management Directive 023–01 and                       permitted by the Captain of the Port
                                                        7. Unfunded Mandates Reform Act                          Commandant Instruction M16475.lD,                     Buffalo or his designated on-scene
                                                          The Unfunded Mandates Reform Act                       which guide the Coast Guard in                        representative.
                                                        of 1995 (2 U.S.C. 1531–1538) requires                    complying with the National                             (3) The ‘‘on-scene representative’’ of
                                                        Federal agencies to assess the effects of                Environmental Policy Act of 1969                      the Captain of the Port Buffalo is any
                                                        their discretionary regulatory actions. In               (NEPA) (42 U.S.C. 4321–4370f), and                    Coast Guard commissioned, warrant or
                                                        particular, the Act addresses actions                    have determined that this action is one               petty officer who has been designated
                                                        that may result in the expenditure by a                  of a category of actions that do not                  by the Captain of the Port Buffalo to act
                                                        State, local, or tribal government, in the               individually or cumulatively have a                   on his behalf.
                                                        aggregate, or by the private sector of                   significant effect on the human
                                                        $100,000,000 (adjusted for inflation) or                 environment. This rule involves the                     (4) Vessel operators desiring to enter
                                                        more in any one year. Though this rule                   establishment of a safety zone and,                   or operate within the safety zone must
                                                        will not result in such an expenditure,                  therefore it is categorically excluded                contact the Captain of the Port Buffalo
                                                        we do discuss the effects of this rule                   from further review under paragraph                   or his on-scene representative to obtain
                                                        elsewhere in this preamble.                              34(g) of Figure 2–1 of the Commandant                 permission to do so. The Captain of the
                                                                                                                 Instruction. An environmental analysis                Port Buffalo or his on-scene
                                                        8. Taking of Private Property                            checklist supporting this determination               representative may be contacted via
                                                          This rule will not cause a taking of                   and a Categorical Exclusion                           VHF Channel 16. Vessel operators given
                                                        private property or otherwise have                       Determination are available in the                    permission to enter or operate in the
                                                        taking implications under Executive                      docket where indicated under                          safety zone must comply with all
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER




                                                        Order 12630, Governmental Actions and                    ADDRESSES. We seek any comments or                    directions given to them by the Captain
                                                        Interference with Constitutionally                       information that may lead to the                      of the Port Buffalo, or his on-scene
                                                        Protected Property Rights.                               discovery of a significant environmental              representative.
                                                        9. Civil Justice Reform                                  impact from this rule.                                  Dated: June 15, 2015.
                                                          This rule meets applicable standards                   List of Subjects in 33 CFR Part 165                   B.W. Roche,
                                                        in sections 3(a) and 3(b)(2) of Executive                  Harbors, Marine safety, Navigation                  Captain, U.S. Coast Guard, Captain of the
                                                        Order 12988, Civil Justice Reform, to                    (water), Reporting and record keeping                 Port Buffalo.
                                                        minimize litigation, eliminate                           requirements, Security measures,                      [FR Doc. 2015–16352 Filed 7–1–15; 8:45 am]
                                                        ambiguity, and reduce burden.                            Waterways.                                            BILLING CODE 9110–04–P




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Document Created: 2015-12-15 13:16:12
Document Modified: 2015-12-15 13:16:12
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 will be effective on July 5, 2015 from 9:30 p.m. until 10:30 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 37982 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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