80_FR_52564 80 FR 52396 - Safety Zone; Incredoubleman Triathlon; Henderson Bay, Lake Ontario, Sackets Harbor, NY

80 FR 52396 - Safety Zone; Incredoubleman Triathlon; Henderson Bay, Lake Ontario, Sackets Harbor, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 168 (August 31, 2015)

Page Range52396-52398
FR Document2015-21522

The Coast Guard is establishing a temporary safety zone on Henderson Bay, Lake Ontario, Sackets Harbor, NY for a triathlon event. This safety zone is intended to restrict vessels from a portion of Lake Ontario during the swimming portion of the Incredoubleman Triathlon event. This temporary safety zone is necessary to protect participants, spectators, mariners, and vessels from the navigational hazards associated with a large scale swimming event.

Federal Register, Volume 80 Issue 168 (Monday, August 31, 2015)
[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Rules and Regulations]
[Pages 52396-52398]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21522]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0509]
RIN 1625-AA00


Safety Zone; Incredoubleman Triathlon; Henderson Bay, Lake 
Ontario, Sackets Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Henderson Bay, Lake Ontario, Sackets Harbor, NY for a triathlon event. 
This safety zone is intended to restrict vessels from a portion of Lake 
Ontario during the swimming portion of the Incredoubleman Triathlon 
event. This temporary safety zone is necessary to protect participants, 
spectators, mariners, and vessels from the navigational hazards 
associated with a large scale swimming event.

DATES: This rule is effective from 7 a.m. on September 12, 2015 until 
10 a.m. on September 13, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0509]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. 
Coast Guard Sector Buffalo; telephone 716-843-9343, email 
[email protected]. If you have questions on viewing 
the docket, call Ms. Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826 or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable. 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 large scale swimming event.
    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.

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; 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 7 a.m. until 10 a.m. on September 12 and 13, 2015, a 
triathlon/swimming race will be held offshore of Henderson Bay, Lake 
Ontario, Sackets Harbor, NY. The Captain of the Port Buffalo has 
determined that a large scale swimming event on a navigable waterway 
will pose a significant risk to participants and the boating public.

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 Incredboubleman 
Triathlon event. This zone will be enforced from 7 a.m. until 10 a.m. 
on September 12 and 13, 2015. This zone will encompass all areas on the 
waters of Henderson Bay, Lake Ontario, Sackets Harbor, NY within the 
following positions: 43[deg]53'52.58'' N. and 076[deg]7'40.19'' W., 
then Northwest to 43[deg]54'4.44'' N. and 076[deg]7'43.89'' W., then 
Southwest to 43[deg]53'57.19'' N. and 076[deg]8'19.19'' W., then 
Southeast to 43[deg]53'52.58'' N. and 076[deg]7'40.19'' 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

[[Page 52397]]

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 Outer Harbor between 7 a.m. to 
10 a.m. on September 12 and 13, 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 3 hours early 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 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

[[Page 52398]]

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; 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.T09-0509 to read as follows:


Sec.  165.T09-0509  Safety Zone; Incredboubleman Triathlon; Henderson 
Bay, Lake Ontario, Sackets Harbor, NY.

    (a) Location. This zone will encompass a portion of the waters of 
Henderson Bay, Lake Ontario, Sackets Harbor, NY within the following 
positions: 43[deg]53'52.58'' N. and 076[deg]7'40.19'' W., then 
Northwest to 43[deg]54'4.44'' N. and 076[deg]7'43.89'' W., then 
Southwest to 43[deg]53'57.19'' N. and 076[deg]8'19.19'' W., then 
Southeast to 43[deg]53'52.58'' N. and 076[deg]7'40.19'' W (NAD 83).
    (b) Enforcement period. This regulation will be enforced on 
September 12 and 13, 2015 from 7 a.m. until 10 a.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: August 18, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-21522 Filed 8-28-15; 8:45 am]
 BILLING CODE 9110-04-P



                                             52396             Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations

                                             designated on-scene representative,                     navigational hazards associated with a                hazards associated with a large scale
                                             consisting of commissioned, warrant,                    large scale swimming event.                           swimming event.
                                             and petty officers of the Coast Guard.                  DATES: This rule is effective from 7 a.m.               Under 5 U.S.C. 553(d)(3), the Coast
                                             Upon being hailed by a U.S. Coast                       on September 12, 2015 until 10 a.m. on                Guard finds that good cause exists for
                                             Guard vessel by siren, radio, flashing                  September 13, 2015.                                   making this temporary rule effective less
                                             light or other means, the operator of a                 ADDRESSES: Documents mentioned in
                                                                                                                                                           than 30 days after publication in the
                                             vessel shall proceed as directed by the                 this preamble are part of docket [USCG–               Federal Register. For the same reasons
                                             COTP’s designated on-scene                              2015–0509]. To view documents                         discussed in the preceding paragraph,
                                             representative.                                         mentioned in this preamble as being                   waiting for a 30 day notice period to run
                                                (3) Entry into the safety zone is                    available in the docket, go to http://                would be impracticable.
                                             prohibited unless authorized by the                     www.regulations.gov, type the docket                  B. Basis and Purpose
                                             COTP or his designated on-scene                         number in the ‘‘SEARCH’’ box and click
                                             representative. Any persons desiring to                                                                         The legal basis and authorities for this
                                                                                                     ‘‘SEARCH.’’ Click on Open Docket                      rule are found in 33 U.S.C. 1231; 50
                                             enter the safety zone must contact the                  Folder on the line associated with this
                                             designated on-scene representative on                                                                         U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                                                                                     rulemaking. You may also visit the                    6.04–6, and 160.5; and Department of
                                             VHF channel 16 (156.800 MHz) and                        Docket Management Facility in Room
                                             receive permission prior to entering.                                                                         Homeland Security Delegation No.
                                                                                                     W12–140 on the ground floor of the                    0170.1, which collectively authorize the
                                                (4) If permission is granted to transit              Department of Transportation West
                                             within the safety zone, all persons and                                                                       Coast Guard to establish and define
                                                                                                     Building, 1200 New Jersey Avenue SE.,                 regulatory safety zones.
                                             vessels must comply with the                            Washington, DC 20590, between 9 a.m.
                                             instructions of the designated on-scene                                                                         Between 7 a.m. until 10 a.m. on
                                                                                                     and 5 p.m., Monday through Friday,                    September 12 and 13, 2015, a triathlon/
                                             representative.                                         except Federal holidays.
                                                (5) The COTP, Western Alaska, will                                                                         swimming race will be held offshore of
                                                                                                     FOR FURTHER INFORMATION CONTACT: If                   Henderson Bay, Lake Ontario, Sackets
                                             notify the maritime and general public
                                                                                                     you have questions on this rule, call or              Harbor, NY. The Captain of the Port
                                             by marine information broadcast during
                                                                                                     email LTJG Amanda Garcia, Chief of                    Buffalo has determined that a large scale
                                             the period of time that the safety zones
                                                                                                     Waterways Management, U.S. Coast                      swimming event on a navigable
                                             are in force by providing notice in
                                                                                                     Guard Sector Buffalo; telephone 716–                  waterway will pose a significant risk to
                                             accordance with 33 CFR 165.7.
                                                                                                     843–9343, email                                       participants and the boating public.
                                                (d) Penalties. Persons and vessels
                                                                                                     SectorBuffaloMarineSafety@uscg.mil. If
                                             violating this rule are subject to the                                                                        C. Discussion of the Final Rule
                                                                                                     you have questions on viewing the
                                             penalties set forth in 33 U.S.C. 1232 and
                                                                                                     docket, call Ms. Cheryl Collins, Program                With the aforementioned hazards in
                                             50 U.S.C. 192.
                                                                                                     Manager, Docket Operations, telephone                 mind, the Captain of the Port Buffalo
                                               Dated: July 14, 2015.                                 202–366–9826 or 1–800–647–5527.                       has determined that this temporary
                                             Paul Albertson,                                         SUPPLEMENTARY INFORMATION:                            safety zone is necessary to ensure the
                                             Commander, U. S. Coast Guard, Captain of                                                                      safety of spectators and vessels during
                                             the Port, Western Alaska.                               Table of Acronyms                                     the Incredboubleman Triathlon event.
                                             [FR Doc. 2015–21017 Filed 8–28–15; 8:45 am]             DHS Department of Homeland Security                   This zone will be enforced from 7 a.m.
                                             BILLING CODE 9110–04–P                                  FR Federal Register                                   until 10 a.m. on September 12 and 13,
                                                                                                     NPRM Notice of Proposed Rulemaking                    2015. This zone will encompass all
                                                                                                     TFR Temporary Final Rule                              areas on the waters of Henderson Bay,
                                             DEPARTMENT OF HOMELAND                                  A. Regulatory History and Information                 Lake Ontario, Sackets Harbor, NY
                                             SECURITY                                                                                                      within the following positions:
                                                                                                        The Coast Guard is issuing this                    43°53′52.58″ N. and 076°7′40.19″ W.,
                                             Coast Guard                                             temporary final rule without prior                    then Northwest to 43°54′4.44″ N. and
                                                                                                     notice and opportunity to comment                     076°7′43.89″ W., then Southwest to
                                             33 CFR Part 165                                         pursuant to authority under section 4(a)              43°53′57.19″ N. and 076°8′19.19″ W.,
                                                                                                     of the Administrative Procedure Act                   then Southeast to 43°53′52.58″ N. and
                                             [Docket Number USCG–2015–0509]                          (APA) (5 U.S.C. 553(b)). This provision               076°7′40.19″ W. (NAD 83).
                                                                                                     authorizes an agency to issue a rule                    Entry into, transiting, or anchoring
                                             RIN 1625–AA00                                           without prior notice and opportunity to               within the safety zone is prohibited
                                                                                                     comment when the agency for good                      unless authorized by the Captain of the
                                             Safety Zone; Incredoubleman
                                                                                                     cause finds that those procedures are                 Port Buffalo or his designated on-scene
                                             Triathlon; Henderson Bay, Lake
                                                                                                     ‘‘impracticable, unnecessary, or contrary             representative. The Captain of the Port
                                             Ontario, Sackets Harbor, NY
                                                                                                     to the public interest.’’ Under 5 U.S.C.              or his designated on-scene
                                             AGENCY:    Coast Guard, DHS.                            553(b)(B), the Coast Guard finds that                 representative may be contacted via
                                             ACTION:   Temporary final rule.                         good cause exists for not publishing a                VHF Channel 16.
                                                                                                     notice of proposed rulemaking (NPRM)
                                             SUMMARY:   The Coast Guard is                           with respect to this rule because doing               D. Regulatory Analyses
                                             establishing a temporary safety zone on                 so would be impracticable. The final                    We developed this rule after
                                             Henderson Bay, Lake Ontario, Sackets                    details for this event were not known to              considering numerous statutes and
                                             Harbor, NY for a triathlon event. This                  the Coast Guard until there was                       executive orders related to rulemaking.
                                             safety zone is intended to restrict                     insufficient time remaining before the
rmajette on DSK7SPTVN1PROD with RULES




                                                                                                                                                           Below we summarize our analyses
                                             vessels from a portion of Lake Ontario                  event to publish an NPRM. Thus,                       based on these statutes and executive
                                             during the swimming portion of the                      delaying the effective date of this rule to           orders.
                                             Incredoubleman Triathlon event. This                    wait for a comment period to run would
                                             temporary safety zone is necessary to                   be impracticable because it would                     1. Regulatory Planning and Review
                                             protect participants, spectators,                       inhibit the Coast Guard’s ability to                     This rule is not a significant
                                             mariners, and vessels from the                          protect spectators and vessels from the               regulatory action under section 3(f) of


                                        VerDate Sep<11>2014   13:58 Aug 28, 2015   Jkt 235001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\31AUR1.SGM   31AUR1


                                                               Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations                                         52397

                                             Executive Order 12866, Regulatory                       Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                             Planning and Review, as supplemented                    we want to assist small entities in                   will not result in such an expenditure,
                                             by Executive Order 13563, Improving                     understanding this rule. If the rule                  we do discuss the effects of this rule
                                             Regulation and Regulatory Review, and                   would affect your small business,                     elsewhere in this preamble.
                                             does not require an assessment of                       organization, or governmental
                                                                                                                                                           8. Taking of Private Property
                                             potential costs and benefits under                      jurisdiction and you have questions
                                             section 6(a)(3) of Executive Order 12866                concerning its provisions or options for                This rule will not cause a taking of
                                             or under section 1 of Executive Order                   compliance, please contact the person                 private property or otherwise have
                                             13563. The Office of Management and                     listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                             Budget has not reviewed it under those                  CONTACT section above.                                Order 12630, Governmental Actions and
                                             Orders.                                                    Small businesses may send comments                 Interference with Constitutionally
                                               We conclude that this rule is not a                   on the actions of Federal employees                   Protected Property Rights.
                                             significant regulatory action because we                who enforce, or otherwise determine
                                             anticipate that it will have minimal                                                                          9. Civil Justice Reform
                                                                                                     compliance with, Federal regulations to
                                             impact on the economy, will not                         the Small Business and Agriculture                      This rule meets applicable standards
                                             interfere with other agencies, will not                 Regulatory Enforcement Ombudsman                      in sections 3(a) and 3(b)(2) of Executive
                                             adversely alter the budget of any grant                 and the Regional Small Business                       Order 12988, Civil Justice Reform, to
                                             or loan recipients, and will not raise any              Regulatory Fairness Boards. The                       minimize litigation, eliminate
                                             novel legal or policy issues. The safety                Ombudsman evaluates these actions                     ambiguity, and reduce burden.
                                             zone created by this rule will be                       annually and rates each agency’s                      10. Protection of Children
                                             relatively small and enforced for a                     responsiveness to small business. If you
                                             relatively short time. Also, the safety                 wish to comment on actions by                           We have analyzed this rule under
                                             zone is designed to minimize its impact                 employees of the Coast Guard, call 1–                 Executive Order 13045, Protection of
                                             on navigable waters. Furthermore, the                   888–REG–FAIR (1–888–734–3247). The                    Children from Environmental Health
                                             safety zone has been designed to allow                  Coast Guard will not retaliate against                Risks and Safety Risks. This rule is not
                                             vessels to transit around it. Thus,                     small entities that question or complain              an economically significant rule and
                                             restrictions on vessel movement within                  about this rule or any policy or action               does not create an environmental risk to
                                             that particular area are expected to be                 of the Coast Guard.                                   health or risk to safety that may
                                             minimal. Under certain conditions,                                                                            disproportionately affect children.
                                             moreover, vessels may still transit                     4. Collection of Information
                                                                                                                                                           11. Indian Tribal Governments
                                             through the safety zone when permitted                     This rule will not call for a new
                                             by the Captain of the Port.                             collection of information under the                      This rule does not have tribal
                                                                                                     Paperwork Reduction Act of 1995 (44                   implications under Executive Order
                                             2. Impact on Small Entities                                                                                   13175, Consultation and Coordination
                                                                                                     U.S.C. 3501–3520).
                                                Under the Regulatory Flexibility Act                                                                       with Indian Tribal Governments,
                                             (5 U.S.C. 601–612), we have considered                  5. Federalism                                         because it does not have a substantial
                                             the impact of this rule on small entities.                 A rule has implications for federalism             direct effect on one or more Indian
                                             The Coast Guard certifies under 5 U.S.C.                under Executive Order 13132,                          tribes, on the relationship between the
                                             605(b) that this rule will not have a                   Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                             significant economic impact on a                        effect on the States, on the relationship             or on the distribution of power and
                                             substantial number of small entities.                   between the national government and                   responsibilities between the Federal
                                             The Coast Guard certifies under 5 U.S.C.                the States, or on the distribution of                 Government and Indian tribes.
                                             605(b) that this rule will not have a                   power and responsibilities among the
                                                                                                                                                           12. Energy Effects
                                             significant economic impact on a                        various levels of government. We have
                                             substantial number of small entities.                   analyzed this rule under that Order and                 This action is not a ‘‘significant
                                             This rule will affect the following                     determined that this rule does not have               energy action’’ under Executive Order
                                             entities, some of which might be small                  implications for federalism.                          13211, Actions Concerning Regulations
                                             entities: the owners or operators of                                                                          That Significantly Affect Energy Supply,
                                             vessels intending to transit or anchor in               6. Protest Activities                                 Distribution, or Use.
                                             a portion of the Outer Harbor between                      The Coast Guard respects the First
                                                                                                                                                           13. Technical Standards
                                             7 a.m. to 10 a.m. on September 12 and                   Amendment rights of protesters.
                                             13, 2015.                                               Protesters are asked to contact the                     This rule does not use technical
                                                This safety zone will not have a                     person listed in the FOR FURTHER                      standards. Therefore, we did not
                                             significant economic impact on a                        INFORMATION CONTACT section to                        consider the use of voluntary consensus
                                             substantial number of small entities for                coordinate protest activities so that your            standards.
                                             the following reasons: this safety zone                 message can be received without                       14. Environment
                                             would be effective, and thus subject to                 jeopardizing the safety or security of
                                             enforcement, for only 3 hours early in                  people, places, or vessels.                             We have analyzed this rule under
                                             the day. Traffic may be allowed to pass                                                                       Department of Homeland Security
                                                                                                     7. Unfunded Mandates Reform Act                       Management Directive 023–01 and
                                             through the zone with the permission of
                                             the Captain of the Port. The Captain of                    The Unfunded Mandates Reform Act                   Commandant Instruction M16475.lD,
                                             the Port can be reached via VHF                         of 1995 (2 U.S.C. 1531–1538) requires                 which guide the Coast Guard in
                                                                                                     Federal agencies to assess the effects of             complying with the National
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                                             channel 16. Before the enforcement of
                                             the zone, we would issue local                          their discretionary regulatory actions. In            Environmental Policy Act of 1969
                                             Broadcast Notice to Mariners.                           particular, the Act addresses actions                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                                                                     that may result in the expenditure by a               have determined that this action is one
                                             3. Assistance for Small Entities                        State, local, or tribal government, in the            of a category of actions that do not
                                                Under section 213(a) of the Small                    aggregate, or by the private sector of                individually or cumulatively have a
                                             Business Regulatory Enforcement                         $100,000,000 (adjusted for inflation) or              significant effect on the human


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                                             52398             Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Rules and Regulations

                                             environment. This rule involves the                     petty officer who has been designated                 Sector Lake Michigan, Milwaukee, WI at
                                             establishment of a safety zone and,                     by the Captain of the Port Buffalo to act             (414) 747–7148, email
                                             therefore it is categorically excluded                  on his behalf.                                        joseph.p.mccollum@uscg.mil.
                                             from further review under paragraph                       (4) Vessel operators desiring to enter              SUPPLEMENTARY INFORMATION: The Coast
                                             34(g) of Figure 2–1 of the Commandant                   or operate within the safety zone must                Guard will enforce the Sister Bay
                                             Instruction. An environmental analysis                  contact the Captain of the Port Buffalo               Marinafest Ski Show safety zone listed
                                             checklist supporting this determination                 or his on-scene representative to obtain              as item (f)(14) in Table 165.929 of 33
                                             and a Categorical Exclusion                             permission to do so. The Captain of the               CFR 165.929. Section 165.929 lists
                                             Determination are available in the                      Port Buffalo or his on-scene                          many annual events requiring safety
                                             docket where indicated under                            representative may be contacted via                   zones in the Captain of the Port Lake
                                             ADDRESSES. We seek any comments or                      VHF Channel 16. Vessel operators given                Michigan zone. This safety zone will
                                             information that may lead to the                        permission to enter or operate in the                 encompass waters of Sister Bay within
                                             discovery of a significant environmental                safety zone must comply with all                      an 800-foot radius of position 45°11.585′
                                             impact from this rule.                                  directions given to them by the Captain               N., 087°07.392′ W. (NAD 83). This zone
                                                                                                     of the Port Buffalo, or his on-scene                  will be enforced from 1:30 p.m. until
                                             List of Subjects in 33 CFR Part 165                     representative.                                       3:15 p.m. on September 5, 2015.
                                               Harbors, Marine safety, Navigation                      Dated: August 18, 2015.                                All vessels must obtain permission
                                             (water), Reporting and recordkeeping                    B.W. Roche,                                           from the Captain of the Port Lake
                                             requirements, Security measures,                                                                              Michigan, or the on-scene representative
                                                                                                     Captain, U.S. Coast Guard, Captain of the
                                             Waterways.                                              Port Buffalo.                                         to enter, move within, or exit the safety
                                               For the reasons discussed in the                      [FR Doc. 2015–21522 Filed 8–28–15; 8:45 am]           zone. Requests must be made in
                                             preamble, the Coast Guard amends 33                                                                           advance and approved by the Captain of
                                                                                                     BILLING CODE 9110–04–P
                                             CFR part 165 as follows:                                                                                      the Port before transits will be
                                                                                                                                                           authorized. Approvals will be granted
                                             PART 165—REGULATED NAVIGATION                                                                                 on a case by case basis. Vessels and
                                                                                                     DEPARTMENT OF HOMELAND
                                             AREAS AND LIMITED ACCESS AREAS                                                                                persons granted permission to enter the
                                                                                                     SECURITY
                                             ■ 1. The authority citation for part 165                                                                      safety zone must obey all lawful orders
                                                                                                     Coast Guard                                           or directions of the Captain of the Port
                                             continues to read as follows:
                                                                                                                                                           Lake Michigan or a designated
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             33 CFR Part 165                                       representative.
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             Department of Homeland Security Delegation              [Docket No. USCG–2015–0530]                              This document is issued under
                                             No. 0170.1.                                                                                                   authority of 33 CFR 165.929, Safety
                                                                                                     RIN 1625–AA00                                         Zones; Annual events requiring safety
                                             ■ 2. Add § 165.T09–0509 to read as                                                                            zones in the Captain of the Port Lake
                                             follows:                                                Safety Zone; Annual Events Requiring
                                                                                                                                                           Michigan zone, and 5 U.S.C. 552(a). In
                                                                                                     Safety Zones in the Captain of the Port
                                             § 165.T09–0509 Safety Zone;                                                                                   addition to this publication in the
                                                                                                     Lake Michigan Zone—Sister Bay
                                             Incredboubleman Triathlon; Henderson                                                                          Federal Register, the Coast Guard will
                                                                                                     Marinafest Ski Show
                                             Bay, Lake Ontario, Sackets Harbor, NY.                                                                        provide the maritime community with
                                               (a) Location. This zone will                          AGENCY:  Coast Guard, DHS.                            advance notification for the enforcement
                                             encompass a portion of the waters of                    ACTION: Notice of enforcement of                      of this zone via Broadcast Notice to
                                             Henderson Bay, Lake Ontario, Sackets                    regulation.                                           Mariners or Local Notice to Mariners.
                                             Harbor, NY within the following                                                                               The Captain of the Port Lake Michigan
                                             positions: 43°53′52.58″ N. and                          SUMMARY:    The Coast Guard will enforce              or an on-scene representative may be
                                             076°7′40.19″ W., then Northwest to                      the safety zone on Sister Bay near Sister             contacted via Channel 16, VHF–FM.
                                             43°54′4.44″ N. and 076°7′43.89″ W.,                     Bay, Wisconsin for the Sister Bay
                                                                                                                                                             Dated: August 14, 2015.
                                             then Southwest to 43°53′57.19″ N. and                   Marinafest Ski Show. This zone will be
                                                                                                     enforced from 1:30 p.m. until 3:15 p.m.               A.B. Cocanour,
                                             076°8′19.19″ W., then Southeast to                                                                            Captain, U.S. Coast Guard, Captain of the
                                             43°53′52.58″ N. and 076°7′40.19″ W                      on September 5, 2015. This action is
                                                                                                     necessary and intended to ensure safety               Port Lake Michigan.
                                             (NAD 83).                                                                                                     [FR Doc. 2015–21523 Filed 8–28–15; 8:45 am]
                                               (b) Enforcement period. This                          of life on navigable waters immediately
                                             regulation will be enforced on                          prior to, during, and immediately after               BILLING CODE 9110–04–P

                                             September 12 and 13, 2015 from 7 a.m.                   the ski show. During the
                                             until 10 a.m.                                           aforementioned period, the Coast Guard
                                                                                                     will enforce restrictions upon, and                   DEPARTMENT OF HOMELAND
                                               (c) Regulations. (1) In accordance with                                                                     SECURITY
                                             the general regulations in § 165.23, entry              control movement of, vessels in the
                                             into, transiting, or anchoring within this              safety zone. No person or vessel may
                                                                                                                                                           Coast Guard
                                             safety zone is prohibited unless                        enter the safety zone while it is being
                                             authorized by the Captain of the Port                   enforced without permission of the
                                                                                                                                                           33 CFR Part 165
                                             Buffalo or his designated on-scene                      Captain of the Port Lake Michigan or a
                                             representative.                                         designated representative.                            [Docket No. USCG–2015–0530]
                                               (2) This safety zone is closed to all                 DATES: The regulations in 33 CFR
                                                                                                     165.929 will be enforced for safety zone              RIN 1625–AA00
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                                             vessel traffic, except as may be
                                             permitted by the Captain of the Port                    (f)(14), Table 165.929, from 1:30 p.m.
                                                                                                                                                           Safety Zone; Annual Events Requiring
                                             Buffalo or his designated on-scene                      until 3:15 p.m. on September 5, 2015.
                                                                                                                                                           Safety Zones in the Captain of the Port
                                             representative.                                         FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                           Lake Michigan Zone—Sister Bay
                                               (3) The ‘‘on-scene representative’’ of                you have questions on this document,                  Marinafest Fireworks
                                             the Captain of the Port Buffalo is any                  call or email MST1 Joseph McCollum,
                                             Coast Guard commissioned, warrant or                    Prevention Department, Coast Guard                    AGENCY:    Coast Guard, DHS.


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Document Created: 2018-02-23 11:04:21
Document Modified: 2018-02-23 11:04:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7 a.m. on September 12, 2015 until 10 a.m. on September 13, 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 52396 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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