81 FR 14995 - Safety Zone; Hope Chest Buffalo Niagara Dragon Boat Festival, Buffalo River, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 54 (March 21, 2016)

Page Range		14995-14997
FR Document		2016-06312

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Buffalo River. This action is necessary to provide for the safety of life on these navigable waters near Buffalo River Works, Buffalo, NY, during the Hope Chest Buffalo Niagara Dragon Boat Festival on June 18, 2016. This proposed rulemaking would prohibit persons and vessels from passing through the safety zone during race heats unless authorized by the Captain of the Port Buffalo or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 54 (Monday, March 21, 2016)

[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Proposed Rules]
[Pages 14995-14997]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06312]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0095]
RIN 1625-AA00


Safety Zone; Hope Chest Buffalo Niagara Dragon Boat Festival, 
Buffalo River, Buffalo, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Buffalo River. This action is necessary to 
provide for the safety of life on these navigable waters near Buffalo 
River Works, Buffalo, NY, during the Hope Chest Buffalo Niagara Dragon 
Boat Festival on June 18, 2016. This proposed rulemaking would prohibit 
persons and vessels from passing through the safety zone during race 
heats unless authorized by the

[[Page 14996]]

Captain of the Port Buffalo or a designated representative. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 20, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0095 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LTJG Amanda Garcia, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9573, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On January 12, 2016, the Hope Chest Buffalo (Lumanina Crop) 
notified the Coast Guard that it will be conducting a series of dragon 
boat races from 7 a.m. to 6 p.m. on June 18, 2016. The dragon boat 
races are to take place in the Buffalo River behind the Buffalo River 
Works restaurant in a 300 meter long course consisting of 4 lanes, each 
10 meters wide in Buffalo, NY. The Captain of the Port Buffalo (COTP) 
has determined that a boating race event on a navigable waterway will 
pose a significant risk to participants and the boating public.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the race course during heats of the 
scheduled event. Vessel traffic will be allowed to pass through the 
safety zone between heats. The Coast Guard proposes this rulemaking 
under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 6:45 a.m. to 6:15 
p.m. on June 18, 2016, that would be effective and enforced 
intermittently. The safety zone would cover all navigable waters of the 
Buffalo River; Buffalo, NY starting at position 42[deg]52' 12.6012'' N. 
and 078[deg]52' 17.6442'' W. then Southeast to 42[deg]52' 3.165'' N. 
and 078[deg]52' 12.432'' W. then East to 42[deg]52' 3.6768'' N. and 
078[deg]52' 10.347'' W. then Northwest to 42[deg]52' 13.407'' N. and 
078[deg]52' 15.9096'' W. then returning to the point of origin. The 
duration of the zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 7 a.m. 
to 6 p.m. racing event. Vessels will be permitted to pass through the 
safety zone in between heats. No vessel or person would be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and Executive orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit through this safety zone in between 
race heats which would impact a small designated area of the Buffalo 
River for one day. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the 
rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have

[[Page 14997]]

a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes. If you believe this proposed rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination 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 proposed rule involves the 
establishment of a safety zone lasting 11.5 hours that would prohibit 
entry within the zone during heats. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and 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 proposed 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 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.T09-0095 to read as follows:


Sec.  165.T09-0095  Safety Zone; Hope Chest Buffalo Niagara Dragon Boat 
Festival, Buffalo River, Buffalo, NY.

    (a) Location. This zone will cover all navigable waters of the 
Buffalo River; Buffalo, NY starting at position 42[deg]52'12.6012'' N. 
and 078[deg]52'17.6442'' W. then Southeast to 42[deg]52'3.165'' N. and 
078[deg]52'12.432'' W. then East to 42[deg]52'3.6768'' N. and 
078[deg]52'10.347'' W. then Northwest to 42[deg]52'13.407'' N. and 
078[deg]52'15.9096'' W. then returning to the point of origin.
    (b) Enforcement Period. This regulation will be enforced 
intermittently on June 18, 2016 from 6:45 a.m. until 6:15 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: February 24, 2016.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2016-06312 Filed 3-18-16; 8:45 am]
 BILLING CODE 9110-04-P

14996 Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

Captain of the Port Buffalo or a navigable waters of the Buffalo River; businesses, not-for-profit organizations
designated representative. We invite Buffalo, NY starting at position 42°52′ that are independently owned and
your comments on this proposed 12.6012″ N. and 078°52′ 17.6442″ W. operated and are not dominant in their
rulemaking. then Southeast to 42°52′ 3.165″ N. and fields, and governmental jurisdictions
DATES: Comments and related material 078°52′ 12.432″ W. then East to 42°52′ with populations of less than 50,000.
must be received by the Coast Guard on 3.6768″ N. and 078°52′ 10.347″ W. then The Coast Guard certifies under 5 U.S.C.
or before April 20, 2016. Northwest to 42°52′ 13.407″ N. and 605(b) that this proposed rule would not
078°52′ 15.9096″ W. then returning to have a significant economic impact on
ADDRESSES: You may submit comments the point of origin. The duration of the a substantial number of small entities.
identified by docket number USCG– zone is intended to ensure the safety of While some owners or operators of
2016–0095 using the Federal vessels and these navigable waters vessels intending to transit the safety
eRulemaking Portal at http:// before, during, and after the scheduled zone may be small entities, for the
www.regulations.gov. See the ‘‘Public 7 a.m. to 6 p.m. racing event. Vessels reasons stated in section IV.A above this
Participation and Request for will be permitted to pass through the proposed rule would not have a
Comments’’ portion of the safety zone in between heats. No vessel significant economic impact on any
SUPPLEMENTARY INFORMATION section for or person would be permitted to enter vessel owner or operator.
further instructions on submitting the safety zone without obtaining If you think that your business,
comments. permission from the COTP or a organization, or governmental
FOR FURTHER INFORMATION CONTACT: If designated representative. The jurisdiction qualifies as a small entity
you have questions about this proposed regulatory text we are proposing appears and that this rule would have a
rulemaking, call or email LTJG Amanda at the end of this document. significant economic impact on it,
Garcia, Chief of Waterways please submit a comment (see
IV. Regulatory Analyses ADDRESSES) explaining why you think it
Management, U.S. Coast Guard Sector
Buffalo; telephone 716–843–9573, email We developed this proposed rule after qualifies and how and to what degree
SectorBuffaloMarineSafety@uscg.mil. considering numerous statutes and this rule would economically affect it.
Executive orders related to rulemaking. Under section 213(a) of the Small
SUPPLEMENTARY INFORMATION:
Below we summarize our analyses Business Regulatory Enforcement
I. Table of Abbreviations based on a number of these statutes and Fairness Act of 1996 (Public Law 104–
CFR Code of Federal Regulations Executive orders and we discuss First 121), we want to assist small entities in
COTP Captain of the Port Amendment rights of protestors. understanding this proposed rule. If the
DHS Department of Homeland Security rule would affect your small business,
A. Regulatory Planning and Review
FR Federal Register organization, or governmental
NPRM Notice of proposed rulemaking Executive Orders 12866 and 13563 jurisdiction and you have questions
§ Section direct agencies to assess the costs and concerning its provisions or options for
U.S.C. United States Code benefits of available regulatory compliance, please contact the person
alternatives and, if regulation is listed in the FOR FURTHER INFORMATION
II. Background, Purpose, and Legal
necessary, to select regulatory CONTACT section. The Coast Guard will
Basis
approaches that maximize net benefits. not retaliate against small entities that
On January 12, 2016, the Hope Chest Executive Order 13563 emphasizes the question or complain about this
Buffalo (Lumanina Crop) notified the importance of quantifying both costs proposed rule or any policy or action of
Coast Guard that it will be conducting and benefits, of reducing costs, of the Coast Guard.
a series of dragon boat races from 7 a.m. harmonizing rules, and of promoting
to 6 p.m. on June 18, 2016. The dragon flexibility. This NPRM has not been C. Collection of Information
boat races are to take place in the designated a ‘‘significant regulatory This proposed rule would not call for
Buffalo River behind the Buffalo River action,’’ under Executive Order 12866. a new collection of information under
Works restaurant in a 300 meter long Accordingly, the NPRM has not been the Paperwork Reduction Act of 1995
course consisting of 4 lanes, each 10 reviewed by the Office of Management (44 U.S.C. 3501–3520).
meters wide in Buffalo, NY. The Captain and Budget.
of the Port Buffalo (COTP) has This regulatory action determination D. Federalism and Indian Tribal
determined that a boating race event on is based on the size, location, duration, Governments
a navigable waterway will pose a and time-of-day of the safety zone. A rule has implications for federalism
significant risk to participants and the Vessel traffic would be able to safely under Executive Order 13132,
boating public. transit through this safety zone in Federalism, if it has a substantial direct
The purpose of this rulemaking is to between race heats which would impact effect on the States, on the relationship
ensure the safety of vessels and the a small designated area of the Buffalo between the national government and
navigable waters within the race course River for one day. Moreover, the Coast the States, or on the distribution of
during heats of the scheduled event. Guard would issue a Broadcast Notice to power and responsibilities among the
Vessel traffic will be allowed to pass Mariners via VHF–FM marine channel various levels of government. We have
through the safety zone between heats. 16 about the zone, and the rule would analyzed this proposed rule under that
The Coast Guard proposes this allow vessels to seek permission to enter Order and have determined that it is
rulemaking under authority in 33 U.S.C. the zone. consistent with the fundamental
Lhorne on DSK5TPTVN1PROD with PROPOSALS

1231. federalism principles and preemption
B. Impact on Small Entities requirements described in Executive
III. Discussion of Proposed Rule The Regulatory Flexibility Act of Order 13132.
The COTP proposes to establish a 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
safety zone from 6:45 a.m. to 6:15 p.m. requires Federal agencies to consider tribal implications under Executive
on June 18, 2016, that would be the potential impact of regulations on Order 13175, Consultation and
effective and enforced intermittently. small entities during rulemaking. The Coordination with Indian Tribal
The safety zone would cover all term ‘‘small entities’’ comprises small Governments, because it would not have

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Document Created: 2016-03-19 01:00:41
Document Modified: 2016-03-19 01:00:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before April 20, 2016.
Contact		If you have questions about this proposed rulemaking, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9573, email [email protected]
FR Citation		81 FR 14995
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 14995 - Safety Zone; Hope Chest Buffalo Niagara Dragon Boat Festival, Buffalo River, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 54 (March 21, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard