82 FR 21958 - Safety Zone; Thunder on the Outer Harbor; Buffalo Outer Harbor, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 90 (May 11, 2017)

Page Range		21958-21960
FR Document		2017-09563
The Coast Guard proposes to establish a temporary safety zone for certain waters of the Buffalo Outer Harbor during the Thunder on the Outer Harbor boat races. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Buffalo or a designated representative. We invite your comments on this proposed rulemaking.
Federal Register, Volume 82 Issue 90 (Thursday, May 11, 2017)
[Federal Register Volume 82, Number 90 (Thursday, May 11, 2017)]
[Proposed Rules]
[Pages 21958-21960]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09563]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0331]
RIN 1625-AA00


Safety Zone; Thunder on the Outer Harbor; Buffalo Outer Harbor, 
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 Outer Harbor during the Thunder on 
the Outer Harbor boat races. This proposed rulemaking would prohibit 
persons and vessels from being in the safety zone unless authorized by 
the 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 June 16, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0331 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 LT Michael Collet, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 21959]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    United States Coast Guard Sector Buffalo was notified by Niagara 
Frontier Antique and Classic Boats along with BR Guest Inc. that there 
would be a boat race held on July 22 and 23, 2017 from 10:00 a.m. to 
4:00 p.m. on the Buffalo Outer Harbor. Hazards from the boat race 
include high speed vessels. The Captain of the Port Buffalo (COTP) has 
determined that potential hazards associated with the Thunder on the 
Outer Harbor boat race would be a safety concern for anyone within the 
designated course encompassed by all waters of the Outer Harbor, 
Buffalo, NY starting at position 42[deg]52'21'' N. and 078[deg]53'14'' 
W. then West to 42[deg]52'15'' N. and 078[deg]53'32'' W. then South to 
42[deg]51'41'' N. and 078[deg]53'02'' W. then East to 42[deg]51'46'' N. 
and 078[deg]52'45'' W. (NAD 83) then returning to the point of origin.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the above stated points before, during, 
and after the scheduled event. 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 temporary safety zone, enforced 
intermittently, from 9:45 a.m. to 4:15 p.m. on July 22 and 23, 2017. 
The safety zone will encompass all waters of the Outer Harbor, Buffalo, 
NY starting at position 42[deg]52'21'' N. and 078[deg]53'14'' W. then 
West to 42[deg]52'15'' N. and 078[deg]53'32'' W. then South to 
42[deg]51'41'' N. and 078[deg]53'02'' W. then East to 42[deg]51'46'' N. 
and 078[deg]52'45'' W. (NAD 83) 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 
10:00 a.m. to 4:00 p.m. boat races. 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. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    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.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    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 around this safety zone, which would 
impact a small designated area of the Buffalo Outer Harbor, by 
transiting a short distance in Lake Erie. The safety zone would also 
have built in times where vessels will be able to transit though 
between race heats. 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 (Pub. L. 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 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.

[[Page 21960]]

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 an 
intermittently enforced safety zone lasting 6.5 hours per day that 
would prohibit entry into the boundaries created by points starting at 
position 42[deg]52'21'' N. and 078[deg]53'14'' W. then West to 
42[deg]52'15'' N. and 078[deg]53'32'' W. then South to 42[deg]51'41'' 
N. and 078[deg]53'02'' W. then East to 42[deg]51'46'' N. and 
078[deg]52'45'' W. (NAD 83) then returning to the point of origin. 
Normally such actions are categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble. 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 record 
keeping 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: 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.T09-0331 to read as follows:

Sec.  165.T09-0331  Safety Zone; Thunder on the Outer Harbor; Buffalo 
Outer Harbor, Buffalo, NY.

    (a) Location. The safety zone will encompass all waters of the 
Outer Harbor, Buffalo, NY starting at position 42[deg]52'21'' N. and 
078[deg]53'14'' W. then West to 42[deg]52'15'' N. and 078[deg]53'32'' 
W. then South to 42[deg]51'41'' N. and 078[deg]53'02'' W. then East to 
42[deg]51'46'' N. and 078[deg]52'45'' W. (NAD 83) then returning to the 
point of origin.
    (b) Enforcement Period. This rule is effective from 9:45 a.m. until 
4:15 p.m. on July 22, 2017, and from 9:45 a.m. until 4:15 p.m. on July 
23, 2017.
    (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: May 2, 2017.
J.S. DuFresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-09563 Filed 5-10-17; 8:45 am]
 BILLING CODE 9110-04-P
21958 Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Proposed Rules

1. Is not a ‘‘significant regulatory (e) Required Actions (g) Additional Information
action’’ under Executive Order 12866; (1) For Model AS332L2 helicopters, within The subject of this AD is addressed in
2. Is not a ‘‘significant rule’’ under the 410 hours time-in-service (TIS), and for European Aviation Safety Agency (EASA) AD
DOT Regulatory Policies and Procedures Model EC225LP helicopters within 660 hours No. 2015–0016, dated January 30, 2015. You
(44 FR 11034, February 26, 1979); TIS, remove each attachment pin and inspect may view the EASA AD on the Internet at
3. Will not affect intrastate aviation in the protective coating on the inside of the http://www.regulations.gov in the AD Docket.
attachment pin for scratches and missing
Alaska to the extent that it justifies protective coating. (h) Subject
making a regulatory distinction; and (i) If there is a scratch or any missing Joint Aircraft Service Component (JASC)
4. Will not have a significant protective coating, sand the attachment pin Code: 6200, Main Rotor System.
economic impact, positive or negative, to remove the varnish in the area depicted as
Issued in Fort Worth, Texas, on April 27,
on a substantial number of small entities ‘‘Area A’’ in Figure 1 of Airbus Helicopters
2017.
under the criteria of the Regulatory Alert Service Bulletin (ASB) No. AS332–
05.00.99, Revision 0, dated December 22, Scott A. Horn,
Flexibility Act.
2014 (AS332–05.00.99), or Airbus Acting Manager, Rotorcraft Directorate,
We prepared an economic evaluation
Helicopters ASB No. EC225–05A040, Aircraft Certification Service.
of the estimated costs to comply with Revision 0, dated December 22, 2014
this proposed AD and placed it in the [FR Doc. 2017–09378 Filed 5–10–17; 8:45 am]
(EC225–05A040), as applicable to your model
AD docket. helicopter. BILLING CODE 4910–13–P

(ii) Using a 10X or higher power
List of Subjects in 14 CFR Part 39 magnifying glass, inspect for corrosion and
Air transportation, Aircraft, Aviation pitting at the chamfer. An example of pitting DEPARTMENT OF HOMELAND
safety, Incorporation by reference, is shown in the Accomplishment SECURITY
Safety. Instructions, paragraph 3.B.3., Note 1, of
AS332–05.00.99, and paragraph 3.B.2., Note Coast Guard
The Proposed Amendment 1, of EC225–05A040. If there is any
corrosion, remove the corrosion. If there is
Accordingly, under the authority any pitting, replace the attachment pin. Do 33 CFR Part 165
delegated to me by the Administrator, not sand the attachment pin to remove a
[Docket Number USCG–2017–0331]
the FAA proposes to amend 14 CFR part corrosion pit.
39 as follows: (iii) Using a 10X or higher power RIN 1625–AA00
magnifying glass, inspect the inside and
PART 39—AIRWORTHINESS outside of the attachment pin for a crack in Safety Zone; Thunder on the Outer
DIRECTIVES the areas depicted as ‘‘Area A’’ and ‘‘Area B’’
Harbor; Buffalo Outer Harbor, Buffalo,
in Figure 1 of AS332–05.00.99 or EC225–
05A040, as applicable to your model NY
■ 1. The authority citation for part 39
helicopter. Pay particular attention to the AGENCY: Coast Guard, DHS.
continues to read as follows:
chamfer in ‘‘Area A.’’ If there is a crack,
Authority: 49 U.S.C. 106(g), 40113, 44701. remove the attachment pin from service. ACTION: Notice of proposed rulemaking.
(2) Thereafter, for Model AS332L2
§ 39.13 [Amended] helicopters, at intervals not to exceed 825 SUMMARY: The Coast Guard proposes to
■ 2. The FAA amends § 39.13 by adding hours TIS or 26 months, whichever occurs establish a temporary safety zone for
the following new airworthiness first; and for Model EC225LP helicopters, at certain waters of the Buffalo Outer
directive (AD): intervals not to exceed 1,320 hours TIS or 26 Harbor during the Thunder on the Outer
months, whichever occurs first; perform the Harbor boat races. This proposed
Airbus Helicopters: Docket No. FAA–2017– actions specified in paragraph (e)(1) of this
0419; Directorate Identifier 2015–SW–077–
rulemaking would prohibit persons and
AD. Corrosion may be removed from an
AD. attachment pin as specified in paragraph vessels from being in the safety zone
(e)(1)(ii) of this AD a maximum of four times. unless authorized by the Captain of the
(a) Applicability Port Buffalo or a designated
If there is a fifth occurrence of corrosion on
This AD applies to the following an attachment pin, before further flight, representative. We invite your
helicopters, certificated in any category: remove the attachment pin from service. comments on this proposed rulemaking.
(1) Model AS332L2 helicopters with a (3) Do not install an attachment pin P/N
DATES: Comments and related material
main rotor (M/R) blade attachment pin 332A31–2123–00, P/N 332A31–2115–20, or
(attachment pin) part number (P/N) 332A31– P/N 332A31–3204–20 on any helicopter must be received by the Coast Guard on
2123–00 or P/N 332A31–2115–20 installed; unless you have complied with the actions in or before June 16, 2017.
and paragraph (e)(1) of this AD. ADDRESSES: You may submit comments
(2) Model EC225LP helicopters with an identified by docket number USCG–
(f) Alternative Methods of Compliance
attachment pin P/N 332A31–3204–20 2017–0331 using the Federal
(AMOCs)
installed. eRulemaking Portal at http://
(1) The Manager, Safety Management
(b) Unsafe Condition Group, FAA, may approve AMOCs for this www.regulations.gov. See the ‘‘Public
This AD defines the unsafe condition as AD. Send your proposal to: David Hatfield, Participation and Request for
corrosion or a crack in an attachment pin. Aviation Safety Engineer, Safety Management Comments’’ portion of the
This condition could result in loss of an M/ Group, Rotorcraft Directorate, FAA, 10101 SUPPLEMENTARY INFORMATION section for
R blade and subsequent loss of control of the Hillwood Pkwy., Fort Worth, TX 76177; further instructions on submitting
helicopter. telephone (817) 222–5116; email 9-ASW- comments.
pmangrum on DSK3GDR082PROD with PROPOSALS

FTW-AMOC-Requests@faa.gov.
(c) Comments Due Date (2) For operations conducted under a 14 FOR FURTHER INFORMATION CONTACT: If
We must receive comments by July 10, CFR part 119 operating certificate or under you have questions about this proposed
2017. 14 CFR part 91, subpart K, we suggest that rulemaking, call or email LT Michael
you notify your principal inspector, or Collet, Chief of Waterways Management,
(d) Compliance lacking a principal inspector, the manager of U.S. Coast Guard Sector Buffalo;
You are responsible for performing each the local flight standards district office or
action required by this AD within the certificate holding district office before
telephone 716–843–9343, email
specified compliance time unless it has operating any aircraft complying with this SectorBuffaloMarineSafety@uscg.mil.
already been accomplished prior to that time. AD through an AMOC. SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 82, No. 90 / Thursday, May 11, 2017 / Proposed Rules 21959

I. Table of Abbreviations based on a number of these statutes and 605(b) that this proposed rule would not
CFR Code of Federal Regulations Executive orders and we discuss First have a significant economic impact on
DHS Department of Homeland Security Amendment rights of protestors. a substantial number of small entities.
FR Federal Register While some owners or operators of
A. Regulatory Planning and Review vessels intending to transit the safety
NPRM Notice of proposed rulemaking
U.S.C. United States Code Executive Orders 12866 and 13563 zone may be small entities, for the
direct agencies to assess the costs and reasons stated in section IV.A above this
II. Background, Purpose, and Legal benefits of available regulatory proposed rule would not have a
Basis alternatives and, if regulation is significant economic impact on any
United States Coast Guard Sector necessary, to select regulatory vessel owner or operator.
Buffalo was notified by Niagara Frontier approaches that maximize net benefits. If you think that your business,
Antique and Classic Boats along with Executive Order 13563 emphasizes the organization, or governmental
BR Guest Inc. that there would be a boat importance of quantifying both costs jurisdiction qualifies as a small entity
race held on July 22 and 23, 2017 from and benefits, of reducing costs, of and that this rule would have a
10:00 a.m. to 4:00 p.m. on the Buffalo harmonizing rules, and of promoting significant economic impact on it,
Outer Harbor. Hazards from the boat flexibility. Executive Order 13771 please submit a comment (see
race include high speed vessels. The (‘‘Reducing Regulation and Controlling ADDRESSES) explaining why you think it
Captain of the Port Buffalo (COTP) has Regulatory Costs’’), directs agencies to qualifies and how and to what degree
determined that potential hazards reduce regulation and control regulatory this rule would economically affect it.
associated with the Thunder on the costs and provides that ‘‘for every one Under section 213(a) of the Small
Outer Harbor boat race would be a new regulation issued, at least two prior Business Regulatory Enforcement
safety concern for anyone within the regulations be identified for elimination, Fairness Act of 1996 (Pub. L. 104–121),
designated course encompassed by all and that the cost of planned regulations we want to assist small entities in
waters of the Outer Harbor, Buffalo, NY be prudently managed and controlled understanding this proposed rule. If the
starting at position 42°52′21″ N. and through a budgeting process.’’ rule would affect your small business,
078°53′14″ W. then West to 42°52′15″ N. This NPRM has not been designated organization, or governmental
and 078°53′32″ W. then South to a ‘‘significant regulatory action,’’ under jurisdiction and you have questions
42°51′41″ N. and 078°53′02″ W. then Executive Order 12866. Accordingly, concerning its provisions or options for
East to 42°51′46″ N. and 078°52′45″ W. the NPRM has not been reviewed by the compliance, please contact the person
(NAD 83) then returning to the point of Office of Management and Budget. listed in the FOR FURTHER INFORMATION
origin. As this rule is not a significant CONTACT section. The Coast Guard will
The purpose of this rulemaking is to regulatory action, this rule is exempt not retaliate against small entities that
ensure the safety of vessels and the from the requirements of Executive question or complain about this
navigable waters within the above stated Order 13771. See OMB’s Memorandum proposed rule or any policy or action of
points before, during, and after the titled ‘‘Interim Guidance Implementing the Coast Guard.
scheduled event. The Coast Guard Section 2 of the Executive Order of
proposes this rulemaking under January 30, 2017 titled ‘Reducing C. Collection of Information
authority in 33 U.S.C. 1231. Regulation and Controlling Regulatory This proposed rule would not call for
Costs’ ’’ (February 2, 2017). a new collection of information under
III. Discussion of Proposed Rule This regulatory action determination the Paperwork Reduction Act of 1995
The COTP proposes to establish a is based on the size, location, duration, (44 U.S.C. 3501–3520).
temporary safety zone, enforced and time-of-day of the safety zone.
intermittently, from 9:45 a.m. to 4:15 Vessel traffic would be able to safely D. Federalism and Indian Tribal
p.m. on July 22 and 23, 2017. The safety transit around this safety zone, which Governments
zone will encompass all waters of the would impact a small designated area of A rule has implications for federalism
Outer Harbor, Buffalo, NY starting at the Buffalo Outer Harbor, by transiting under Executive Order 13132,
position 42°52′21″ N. and 078°53′14″ W. a short distance in Lake Erie. The safety Federalism, if it has a substantial direct
then West to 42°52′15″ N. and zone would also have built in times effect on the States, on the relationship
078°53′32″ W. then South to 42°51′41″ where vessels will be able to transit between the national government and
N. and 078°53′02″ W. then East to though between race heats. Moreover, the States, or on the distribution of
42°51′46″ N. and 078°52′45″ W. (NAD the Coast Guard would issue a power and responsibilities among the
83) then returning to the point of origin. Broadcast Notice to Mariners via VHF– various levels of government. We have
The duration of the zone is intended to FM marine channel 16 about the zone, analyzed this proposed rule under that
ensure the safety of vessels and these and the rule would allow vessels to seek Order and have determined that it is
navigable waters before, during, and permission to enter the zone. consistent with the fundamental
after the scheduled 10:00 a.m. to 4:00 federalism principles and preemption
B. Impact on Small Entities requirements described in Executive
p.m. boat races. No vessel or person
would be permitted to enter the safety The Regulatory Flexibility Act of Order 13132.
zone without obtaining permission from 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have
the COTP or a designated requires Federal agencies to consider tribal implications under Executive
the potential impact of regulations on Order 13175, Consultation and
pmangrum on DSK3GDR082PROD with PROPOSALS

representative. The regulatory text we
are proposing appears at the end of this small entities during rulemaking. The Coordination with Indian Tribal
document. term ‘‘small entities’’ comprises small Governments, because it would not have
businesses, not-for-profit organizations a substantial direct effect on one or
IV. Regulatory Analyses that are independently owned and more Indian tribes, on the relationship
We developed this proposed rule after operated and are not dominant in their between the Federal Government and
considering numerous statutes and fields, and governmental jurisdictions Indian tribes, or on the distribution of
Executive orders related to rulemaking. with populations of less than 50,000. power and responsibilities between the
Below we summarize our analyses The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes.

VerDate Sep<11>2014 14:38 May 10, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\11MYP1.SGM 11MYP1
Document Created: 2017-05-11 00:15:17
Document Modified: 2017-05-11 00:15:17
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 June 16, 2017.
Contact		If you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9343, email [email protected]
FR Citation		82 FR 21958
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways
82 FR 21958 - Safety Zone; Thunder on the Outer Harbor; Buffalo Outer Harbor, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 90 (May 11, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
