80_FR_48008 80 FR 47855 - Safety Zone; Waddington Homecoming Fireworks, St. Lawrence River, Ogden Island, NY

80 FR 47855 - Safety Zone; Waddington Homecoming Fireworks, St. Lawrence River, Ogden Island, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 153 (August 10, 2015)

Page Range47855-47857
FR Document2015-19506

The Coast Guard is establishing a temporary safety zone on the St. Lawrence River, Ogden Island, NY. This safety zone is intended to restrict vessels from a portion of the St. Lawrence River during the Waddington Homecoming 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 153 (Monday, August 10, 2015)
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47855-47857]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19506]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0715]
RIN 1625-AA00


Safety Zone; Waddington Homecoming Fireworks, St. Lawrence River, 
Ogden Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
St. Lawrence River, Ogden Island, NY. This safety zone is intended to 
restrict vessels from a portion of the St. Lawrence River during the 
Waddington Homecoming 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 and enforced from 8:45 p.m. until 
10:15 p.m. on August 8, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0715]. 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 
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. 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 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 in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable.

[[Page 47856]]

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 
160.5; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    Between 8:45 p.m. and 10:15 p.m. on August 8, 2015, a fireworks 
display will be held on the shoreline of the St. Lawrence River on 
Ogden Island, 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 Waddington 
Homecoming fireworks display. This zone will be enforced from 8:45 p.m. 
until 10:15 p.m. on August 8, 2015. This zone will encompass all waters 
of the St. Lawrence River; Ogden Island, NY within a 700-foot radius of 
position 44[deg]52'8.44'' N and 075[deg]12'35.84'' 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 the St. Lawrence River on the 
evening of August 8, 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 90 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 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section 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

[[Page 47857]]

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 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, and 160.5; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add Sec.  165.T09-0715 to read as follows:


Sec.  165.T09-0715  Safety Zone; Waddington Homecoming Fireworks 
Display; St. Lawrence River, Ogden Island, NY.

    (a) Location. This zone will encompass all waters of the St. 
Lawrence River; Ogden Island, NY within a 700-footradius of position 
44[deg]52'8.44'' N and 075[deg]12'35.84'' W (NAD 83).
    (b) Enforcement Period. This regulation will be enforced on August 
8, 2015 from 8:45 p.m. until 10:15 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: July 28, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-19506 Filed 8-7-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                             Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations                                          47855

                                           environmental risk to health or risk to                 ■ 2. Add § 147.T17–0248 to read as                    ‘‘SEARCH.’’ Click on Open Docket
                                           safety that might disproportionately                    follows:                                              Folder on the line associated with this
                                           affect children.                                                                                              rulemaking. You may also visit the
                                                                                                   § 147.T17–0248 Safety Zone; DRILLSHIP
                                           11. Indian Tribal Governments                           NOBLE DISCOVERER, Outer Continental
                                                                                                                                                         Docket Management Facility in Room
                                                                                                   Shelf Drillship, Chukchi Sea, Alaska.                 W12–140 on the ground floor of the
                                              This rule does not have tribal                                                                             Department of Transportation West
                                           implications under Executive Order                         (a) Description. The DRILLSHIP
                                                                                                                                                         Building, 1200 New Jersey Avenue SE.,
                                           13175, Consultation and Coordination                    NOBLE DISCOVERER will be engaged
                                                                                                   in exploratory drilling operations at                 Washington, DC 20590, between 9 a.m.
                                           with Indian Tribal Governments,                                                                               and 5 p.m., Monday through Friday,
                                           because it would not have a substantial                 various locations in the Chukchi Sea
                                                                                                   from July 1, 2015 through October 31,                 except Federal holidays.
                                           direct effect on one or more Indian
                                           tribes, on the relationship between the                 2015. The area that extends 500 meters                FOR FURTHER INFORMATION CONTACT:     If
                                           Federal Government and Indian tribes,                   from the outer edge of the DRILLSHIP                  you have questions on this rule, call or
                                           or on the distribution of power and                     NOBLE DISCOVERER is a safety zone.                    email LTJG Amanda Garcia, Chief of
                                           responsibilities between the Federal                    Lawful demonstrations may be                          Waterways Management, U.S. Coast
                                           Government and Indian tribes.                           conducted outside of the safety zone.                 Guard Sector Buffalo; telephone
                                                                                                      (b) Regulation. No vessel may enter or             716–843–9343, email
                                           12. Energy Effects                                      remain in this safety zone except the                 SectorBuffaloMarineSafety@uscg.mil. If
                                             The Coast Guard analyzed this rule                    following:                                            you have questions on viewing the
                                           under Executive Order 13211, Actions                       (1) An attending vessel; or                        docket, call Ms. Cheryl Collins, Program
                                           Concerning Regulations That                                (2) A vessel authorized by the                     Manager, Docket Operations, telephone
                                           Significantly Affect Energy Supply,                     Commander, Seventeenth Coast Guard                    202–366–9826 or 1–800–647–5527.
                                           Distribution, or Use.                                   District, or a designated representative.
                                                                                                     Dated: June 17, 2015.                               SUPPLEMENTARY INFORMATION:
                                           13. Technical Standards
                                             This rule does not use technical                      Daniel B. Abel,                                       Table of Acronyms
                                           standards. Therefore, we did not                        Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                                                                         DHS Department of Homeland Security
                                           consider the use of voluntary consensus                 Seventeenth Coast Guard District.
                                                                                                                                                         FR Federal Register
                                           standards.                                              [FR Doc. 2015–19367 Filed 8–7–15; 8:45 am]
                                                                                                                                                         NPRM Notice of Proposed Rulemaking
                                                                                                   BILLING CODE 9110–04–P
                                           14. Environment                                                                                               TFR Temporary Final Rule
                                             We have analyzed this rule under                                                                            A. Regulatory History and Information
                                           Department of Homeland Security                         DEPARTMENT OF HOMELAND
                                           Management Directive 023–01 and                         SECURITY                                                 The Coast Guard is issuing this
                                           Commandant Instruction M16475.lD,                                                                             temporary final rule without prior
                                           which guide the Coast Guard in                          Coast Guard                                           notice and opportunity to comment
                                           complying with the National                                                                                   pursuant to authority under section 4(a)
                                           Environmental Policy Act of 1969                        33 CFR Part 165                                       of the Administrative Procedure Act
                                           (NEPA) (42 U.S.C. 4321–4370f), and                      [Docket Number USCG–2015–0715]                        (APA) (5 U.S.C. 553(b)). This provision
                                           have made a preliminary determination                                                                         authorizes an agency to issue a rule
                                           that this action is one of a category of                RIN 1625–AA00                                         without prior notice and opportunity to
                                           actions that do not individually or                                                                           comment when the agency for good
                                                                                                   Safety Zone; Waddington Homecoming
                                           cumulatively have a significant effect on                                                                     cause finds that those procedures are
                                                                                                   Fireworks, St. Lawrence River, Ogden
                                           the human environment. A preliminary                                                                          ‘‘impracticable, unnecessary, or contrary
                                                                                                   Island, NY
                                           environmental analysis checklist                                                                              to the public interest.’’ Under 5 U.S.C.
                                           supporting this determination is                        AGENCY:    Coast Guard, DHS.                          553(b)(B), the Coast Guard finds that
                                           available in the docket where indicated                 ACTION:   Temporary final rule.                       good cause exists for not publishing a
                                           under ADDRESSES. We seek any                                                                                  notice of proposed rulemaking (NPRM)
                                           comments or information that may lead                   SUMMARY:   The Coast Guard is                         with respect to this rule because doing
                                           to the discovery of a significant                       establishing a temporary safety zone on               so would be impracticable. The final
                                           environmental impact from this rule.                    the St. Lawrence River, Ogden Island,                 details for this event were not known to
                                           This rule is categorically excluded from                NY. This safety zone is intended to                   the Coast Guard until there was
                                           further review under paragraph 34(g) of                 restrict vessels from a portion of the St.            insufficient time remaining before the
                                           Figure 2–1 of the Commandant’s                          Lawrence River during the Waddington                  event to publish an NPRM. Thus,
                                           Instruction.                                            Homecoming fireworks display. This                    delaying the effective date of this rule to
                                           List of Subjects in 33 CFR Part 147                     temporary safety zone is necessary to                 wait for a comment period to run would
                                                                                                   protect mariners and vessels from the                 be impracticable because it would
                                             Continental shelf, Marine safety,                     navigational hazards associated with a                inhibit the Coast Guard’s ability to
                                           Navigation (water).                                     fireworks display.                                    protect spectators and vessels from the
                                             For the reasons discussed in the                      DATES: This rule will be effective and                hazards associated with a maritime
                                           preamble, the Coast Guard amends 33                     enforced from 8:45 p.m. until 10:15 p.m.              fireworks display. Therefore, under 5
                                           CFR part 147 as follows:                                on August 8, 2015.                                    U.S.C. 553(d)(3), the Coast Guard finds
                                           PART 147—SAFETY ZONES                                   ADDRESSES: Documents mentioned in                     that good cause exists for making this
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                                                                                                   this preamble are part of docket [USCG–               temporary rule effective less than 30
                                           ■ 1. The authority citation for part 147                2015–0715]. To view documents                         days after publication in the Federal
                                           continues to read as follows:                           mentioned in this preamble as being                   Register. For the same reasons
                                             Authority: 14 U.S.C. 85; 43 U.S.C. 1333;              available in the docket, go to http://                discussed in the preceding paragraph,
                                           Department of Homeland Security Delegation              www.regulations.gov, type the docket                  waiting for a 30 day notice period to run
                                           No. 0170.1.                                             number in the ‘‘SEARCH’’ box and click                would be impracticable.


                                      VerDate Sep<11>2014   14:22 Aug 07, 2015   Jkt 235001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\10AUR1.SGM   10AUR1


                                           47856             Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations

                                           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
                                                                                                     We conclude that this rule is not a                 who enforce, or otherwise determine
                                           rule are found in 33 U.S.C. 1231; 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; and Department of
                                                                                                   impact on the economy, will not                       Regulatory Enforcement Ombudsman
                                           Homeland Security Delegation No.                        interfere with other agencies, will not
                                           0170.1, which collectively authorize the                                                                      and the Regional Small Business
                                                                                                   adversely alter the budget of any grant               Regulatory Fairness Boards. The
                                           Coast Guard to establish and define                     or loan recipients, and will not raise any
                                           regulatory safety zones.                                                                                      Ombudsman evaluates these actions
                                                                                                   novel legal or policy issues. The safety              annually and rates each agency’s
                                              Between 8:45 p.m. and 10:15 p.m. on                  zone created by this rule will be
                                           August 8, 2015, a fireworks display will                                                                      responsiveness to small business. If you
                                                                                                   relatively small and enforced for a                   wish to comment on actions by
                                           be held on the shoreline of the St.                     relatively short time. Also, the safety
                                           Lawrence River on Ogden Island, NY. It                                                                        employees of the Coast Guard, call 1–
                                                                                                   zone is designed to minimize its impact               888–REG–FAIR (1–888–734–3247). The
                                           is anticipated that numerous vessels                    on navigable waters. Furthermore, the
                                           will be in the immediate vicinity of the                                                                      Coast Guard will not retaliate against
                                                                                                   safety zone has been designed to allow                small entities that question or complain
                                           launch point. The Captain of the Port                   vessels to transit around it. Thus,
                                           Buffalo has determined that such a                                                                            about this rule or any policy or action
                                                                                                   restrictions on vessel movement within                of the Coast Guard.
                                           launch proximate to a gathering of                      that particular area are expected to be
                                           watercraft pose a significant risk to                   minimal. Under certain conditions,                    4. Collection of Information
                                           public safety and property. Such                        moreover, vessels may still transit                      This rule will not call for a new
                                           hazards include premature and                           through the safety zone when permitted                collection of information under the
                                           accidental detonations, dangerous                       by the Captain of the Port.                           Paperwork Reduction Act of 1995 (44
                                           projectiles, and falling or burning                                                                           U.S.C. 3501–3520).
                                           debris.                                                 2. Impact on Small Entities
                                                                                                      Under the Regulatory Flexibility Act               5. Federalism
                                           C. Discussion of the Final Rule
                                                                                                   (5 U.S.C. 601–612), we have considered                   A rule has implications for federalism
                                              With the aforementioned hazards in                   the impact of this rule on small entities.            under Executive Order 13132,
                                           mind, the Captain of the Port Buffalo                   The Coast Guard certifies under 5 U.S.C.              Federalism, if it has a substantial direct
                                           has determined that this temporary                      605(b) that this rule will not have a                 effect on the States, on the relationship
                                           safety zone is necessary to ensure the                  significant economic impact on a                      between the national government and
                                           safety of spectators and vessels during                 substantial number of small entities.                 the States, or on the distribution of
                                           the Waddington Homecoming fireworks                     The Coast Guard certifies under 5 U.S.C.              power and responsibilities among the
                                           display. This zone will be enforced from                605(b) that this rule will not have a                 various levels of government. We have
                                           8:45 p.m. until 10:15 p.m. on August 8,                 significant economic impact on a                      analyzed this rule under that Order and
                                           2015. This zone will encompass all                      substantial number of small entities.                 determined that this rule does not have
                                           waters of the St. Lawrence River; Ogden                 This rule will affect the following                   implications for federalism.
                                           Island, NY within a 700-foot radius of                  entities, some of which might be small
                                           position 44°52′8.44″ N and                              entities: the owners or operators of                  6. Protest Activities
                                           075°12′35.84″ W (NAD 83).                               vessels intending to transit or anchor in                The Coast Guard respects the First
                                              Entry into, transiting, or anchoring                 a portion of the St. Lawrence River on                Amendment rights of protesters.
                                           within the safety zone is prohibited                    the evening of August 8, 2015.                        Protesters are asked to contact the
                                           unless authorized by the Captain of the                    This safety zone will not have a                   person listed in the FOR FURTHER
                                           Port Buffalo or his designated on-scene                 significant economic impact on a                      INFORMATION CONTACT section to
                                           representative. The Captain of the Port                 substantial number of small entities for              coordinate protest activities so that your
                                           or his designated on-scene                              the following reasons: This safety zone               message can be received without
                                           representative may be contacted via                     would be effective, and thus subject to               jeopardizing the safety or security of
                                           VHF Channel 16.                                         enforcement, for only 90 minutes late in              people, places, or vessels.
                                                                                                   the day. Traffic may be allowed to pass
                                           D. Regulatory Analyses                                                                                        7. Unfunded Mandates Reform Act
                                                                                                   through the zone with the permission of
                                             We developed this rule after                          the Captain of the Port. The Captain of                  The Unfunded Mandates Reform Act
                                           considering numerous statutes and                       the Port can be reached via VHF                       of 1995 (2 U.S.C. 1531–1538) requires
                                           executive orders related to rulemaking.                 channel 16. Before the enforcement of                 Federal agencies to assess the effects of
                                           Below we summarize our analyses                         the zone, we would issue local                        their discretionary regulatory actions. In
                                           based on these statutes and executive                   Broadcast Notice to Mariners.                         particular, the Act addresses actions
                                           orders.                                                                                                       that may result in the expenditure by a
                                                                                                   3. Assistance for Small Entities
                                           1. Regulatory Planning and Review                                                                             State, local, or tribal government, in the
                                                                                                      Under section 213(a) of the Small                  aggregate, or by the private sector of
                                             This rule is not a significant                        Business Regulatory Enforcement                       $100,000,000 (adjusted for inflation) or
                                           regulatory action under section 3(f) of                 Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                           Executive Order 12866, Regulatory                       we want to assist small entities in                   will not result in such an expenditure,
                                           Planning and Review, as supplemented                    understanding this rule. If the rule                  we do discuss the effects of this rule
                                           by Executive Order 13563, Improving                     would affect your small business,                     elsewhere in this preamble.
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                                           Regulation and Regulatory Review, and                   organization, or governmental
                                           does not require an assessment of                       jurisdiction and you have questions                   8. Taking of Private Property
                                           potential costs and benefits under                      concerning its provisions or options for                 This rule will not cause a taking of
                                           section 6(a)(3) of Executive Order 12866                compliance, please contact the person                 private property or otherwise have
                                           or under section 1 of Executive Order                   listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                           13563. The Office of Management and                     CONTACT section above.                                Order 12630, Governmental Actions and


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                                                             Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations                                               47857

                                           Interference with Constitutionally                      ADDRESSES. We seek any comments or                      Dated: July 28, 2015.
                                           Protected Property Rights.                              information that may lead to the                      B.W. Roche,
                                                                                                   discovery of a significant environmental              Captain, U.S. Coast Guard, Captain of the
                                           9. Civil Justice Reform
                                                                                                   impact from this rule.                                Port Buffalo.
                                             This rule meets applicable standards                                                                        [FR Doc. 2015–19506 Filed 8–7–15; 8:45 am]
                                           in sections 3(a) and 3(b)(2) of Executive               List of Subjects in 33 CFR Part 165
                                                                                                                                                         BILLING CODE 9110–04–P
                                           Order 12988, Civil Justice Reform, to                     Harbors, Marine safety, Navigation
                                           minimize litigation, eliminate                          (water), Reporting and recordkeeping
                                           ambiguity, and reduce burden.                           requirements, Security measures,                      ENVIRONMENTAL PROTECTION
                                                                                                   Waterways.                                            AGENCY
                                           10. Protection of Children
                                                                                                     For the reasons discussed in the
                                             We have analyzed this rule under                      preamble, the Coast Guard amends 33                   40 CFR Part 52
                                           Executive Order 13045, Protection of                    CFR part 165 as follows:
                                           Children from Environmental Health                                                                            [EPA–R08–OAR–2012–0351; FRL–9932–05–
                                           Risks and Safety Risks. This rule is not                PART 165—REGULATED NAVIGATION                         Region 8]
                                           an economically significant rule and                    AREAS AND LIMITED ACCESS AREAS                        Approval and Promulgation of State
                                           does not create an environmental risk to
                                                                                                   ■ 1. The authority citation for part 165              Implementation Plans; State of
                                           health or risk to safety that may
                                                                                                   continues to read as follows:                         Wyoming; Interstate Transport of
                                           disproportionately affect children.
                                                                                                                                                         Pollution for the 2006 24-Hour PM2.5
                                           11. Indian Tribal Governments                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191,           NAAQS
                                                                                                   195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
                                              This rule does not have tribal                       160.5; Department of Homeland Security                AGENCY:  Environmental Protection
                                           implications under Executive Order                      Delegation No. 0170.1.                                Agency (EPA).
                                           13175, Consultation and Coordination                    ■ 2. Add § 165.T09–0715 to read as                    ACTION: Final rule.
                                           with Indian Tribal Governments,                         follows:
                                           because it does not have a substantial                                                                        SUMMARY:   The Environmental Protection
                                           direct effect on one or more Indian                     § 165.T09–0715 Safety Zone; Waddington                Agency (EPA) is approving portions of
                                           tribes, on the relationship between the                 Homecoming Fireworks Display; St.                     an August 19, 2011 State
                                           Federal Government and Indian tribes,                   Lawrence River, Ogden Island, NY.                     Implementation Plan (SIP) submission
                                           or on the distribution of power and                       (a) Location. This zone will                        from the State of Wyoming that are
                                           responsibilities between the Federal                    encompass all waters of the St.                       intended to demonstrate that its SIP
                                           Government and Indian tribes.                           Lawrence River; Ogden Island, NY                      meets certain interstate transport
                                                                                                   within a 700-footradius of position                   requirements of the Clean Air Act (Act
                                           12. Energy Effects                                      44°52′8.44″ N and 075°12′35.84″ W                     or CAA) for the 2006 24-hour fine
                                             This action is not a ‘‘significant                    (NAD 83).                                             particulate matter (PM2.5) National
                                           energy action’’ under Executive Order                     (b) Enforcement Period. This                        Ambient Air Quality Standards
                                           13211, Actions Concerning Regulations                   regulation will be enforced on August 8,              (NAAQS). This submission addresses
                                           That Significantly Affect Energy Supply,                2015 from 8:45 p.m. until 10:15 p.m.                  the requirement that Wyoming’s SIP
                                           Distribution, or Use.                                     (c) Regulations. (1) In accordance with             contain adequate provisions prohibiting
                                                                                                   the general regulations in § 165.23 of                air emissions that will have certain
                                           13. Technical Standards                                 this part, entry into, transiting, or                 adverse air quality effects in other
                                             This rule does not use technical                      anchoring within this safety zone is                  states. Specifically, EPA is approving
                                           standards. Therefore, we did not                        prohibited unless authorized by the                   the portion of the Wyoming SIP
                                           consider the use of voluntary consensus                 Captain of the Port Buffalo or his                    submission that addresses the
                                           standards.                                              designated on-scene representative.                   significant contribution to
                                                                                                     (2) This safety zone is closed to all               nonattainment and interference with
                                           14. Environment
                                                                                                   vessel traffic, except as may be                      maintenance transport requirements for
                                              We have analyzed this rule under                     permitted by the Captain of the Port                  the 2006 24-hour PM2.5 NAAQS. EPA is
                                           Department of Homeland Security                         Buffalo or his designated on-scene                    also approving the interference with
                                           Management Directive 023–01 and                         representative.                                       prevention of significant deterioration
                                           Commandant Instruction M16475.lD,                         (3) The ‘‘on-scene representative’’ of              (PSD) of air quality transport
                                           which guide the Coast Guard in                          the Captain of the Port Buffalo is any                requirement for this NAAQS. EPA is not
                                           complying with the National                             Coast Guard commissioned, warrant or                  acting on the interference with visibility
                                           Environmental Policy Act of 1969                        petty officer who has been designated                 transport requirement at this time and
                                           (NEPA) (42 U.S.C. 4321–4370f), and                      by the Captain of the Port Buffalo to act             will address the visibility requirement
                                           have determined that this action is one                 on his behalf.                                        for this NAAQS in a separate future
                                           of a category of actions that do not                      (4) Vessel operators desiring to enter
                                                                                                                                                         action.
                                           individually or cumulatively have a                     or operate within the safety zone must
                                           significant effect on the human                         contact the Captain of the Port Buffalo               DATES:  This final rule is effective on
                                           environment. This rule involves the                     or his on-scene representative to obtain              September 9, 2015.
                                           establishment of a safety zone and,                     permission to do so. The Captain of the               ADDRESSES: EPA has established a
                                           therefore it is categorically excluded                  Port Buffalo or his on-scene                          docket for this action under Docket ID
                                           from further review under paragraph                     representative may be contacted via                   No. EPA–R08–OAR–2012–0351. All
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                                           34(g) of Figure 2–1 of the Commandant                   VHF Channel 16. Vessel operators given                documents in the docket are listed on
                                           Instruction. An environmental analysis                  permission to enter or operate in the                 the www.regulations.gov Web site.
                                           checklist supporting this determination                 safety zone must comply with all                      Although listed in the index, some
                                           and a Categorical Exclusion                             directions given to them by the Captain               information is not publicly available,
                                           Determination are available in the                      of the Port Buffalo, or his on-scene                  e.g., Confidential Business Information
                                           docket where indicated under                            representative.                                       (CBI) or other information whose


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Document Created: 2015-12-15 12:12:29
Document Modified: 2015-12-15 12:12:29
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 and enforced from 8:45 p.m. until 10:15 p.m. on August 8, 2015.
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 47855 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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