82_FR_23612 82 FR 23514 - Safety Zone; Lower Niagara River at Niagara Falls, New York

82 FR 23514 - Safety Zone; Lower Niagara River at Niagara Falls, New York

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 98 (May 23, 2017)

Page Range23514-23516
FR Document2017-10469

The Coast Guard is establishing a permanent safety zone within the Captain of the Port Zone Buffalo on the Lower Niagara River, Niagara Falls, NY. This rule is intended to restrict vessels from a portion of the Lower Niagara River considered not navigable as listed in the United States Coast Pilot Book 6--Great Lakes: Lake Ontario, Erie, Huron, Michigan, and Superior and St. Lawrence River and more specifically as described below. The safety zone to be established by this rule is necessary to protect the public and vessels from the hazards associated with the heavy rapids in the narrow waterway of the Lower Niagara River.

Federal Register, Volume 82 Issue 98 (Tuesday, May 23, 2017)
[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Rules and Regulations]
[Pages 23514-23516]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10469]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0492]
RIN 1625-AA00


Safety Zone; Lower Niagara River at Niagara Falls, New York

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a permanent safety zone within 
the Captain of the Port Zone Buffalo on the Lower Niagara River, 
Niagara Falls, NY. This rule is intended to restrict vessels from a 
portion of the Lower Niagara River considered not navigable as listed 
in the United States Coast Pilot Book 6--Great Lakes: Lake Ontario, 
Erie, Huron, Michigan, and Superior and St. Lawrence River and more 
specifically as described below. The safety zone to be established by 
this rule is necessary to protect the public and vessels from the 
hazards associated with the heavy rapids in the narrow waterway of the 
Lower Niagara River.

DATES: This rule is effective June 22, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0492 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Michael Collet, Chief of Waterways Management, U.S. 
Coast Guard Sector Buffalo; telephone 716-843-9322, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

[[Page 23515]]

II. Background Information and Regulatory History

    On June 21, 2016, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Safety Zone; Lower Niagara River at Niagara 
Falls, New York'' (81 FR 40226). There we issued the NPRM and invited 
comments on our proposed regulatory action related to this permanent 
safety zone. During the 90 day comment period that ended September 19, 
2016, we received five comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Coast Guard has already established a permanent safety zone 
in the Upper Niagara River per 33 CFR 165.902(a) in order to protect 
the boating public from the dangers of the waters above and at the 
Niagara Falls. These waters include the United States waters of the 
Niagara River from the crest of the American and Horseshoe Falls, New 
York to a line drawn across the Niagara River from the downstream side 
of the mouth of Gill Creek to the upstream end of the breakwater at the 
mouth of the Welland River.
    The heavy rapids in the section of the Lower Niagara River 
downstream of Niagara Falls have not historically been regularly 
navigated by vessels. In early 2014, the Captain of the Port Zone 
Buffalo received reports of vessels transiting this section of the 
Niagara River. These reports prompted further evaluation of the safety 
of the entire waterway by federal, state, and local agencies. The 
purpose of the evaluation was to determine what, if any, rescue 
capability exists that would be able to respond to vessels and/or 
passengers in distress in the heavy rapids of the river south of the 
whirlpool rapids to the International Railroad Bridge.
    The Captain of the Port Buffalo (COTP) has determined that no 
feasible rescue capability exists for vessels in distress or persons in 
the water in the heavy rapids south of the whirlpool rapids to the 
International Railroad Bridge.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received five comments on our NPRM published 
June 21, 2016. All five comments were generally supportive of the 
proposed safety zone with no objections or recommendations. There are 
no changes in the regulatory text of this rule from the language 
proposed in the NPRM.
    This rule establishes a permanent safety zone to include the 
following waters: All United States waters of the Lower Niagara River, 
Niagara Falls, NY from a straight line drawn from position 
43[deg]07'10.70'' N., 079[deg]04'02.32'' W. (NAD 83) and 
43[deg]07'09.41'' N., 079[deg]4'05.41'' W. (NAD 83) just south of the 
whirlpool rapids from the east side of the river to the international 
border of the United States, to a straight line drawn from position 
43[deg]06'34.01'' N., 079[deg]03'28.04'' W. (NAD 83) and 
43[deg]06'33.52'' N., 079[deg]03'30.42'' W. (NAD 83) at the 
International Railroad Bridge. Entry into, transiting, or anchoring 
within the safety zone is prohibited unless authorized by the Captain 
of the Port Zone Buffalo or a designated representative.

V. Regulatory Analyses

    We developed this 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.

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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    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 is designed to minimize its impact on navigable 
waters.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 may affect the following entities, most of which are 
small entities: The owners or operators of vessels intending to transit 
in the portion of American waters at the whirlpool rapids. This safety 
zone will not have a significant economic impact on a substantial 
number of small entities for the following reasons: There have not been 
a substantial number of small entities attempting to transit this 
section of the river.
    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.
    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.

C. 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).

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 rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 23516]]

principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this 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 rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves the establishment of a permanent safety zone in a small 
section of the Lower Niagara River. 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.

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.

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. In Sec.  165.902, revise the section heading and add paragraph (b) 
to read as follows:


Sec.  165.902  Safety Zone; Lower Niagara River at Niagara Falls, New 
York.

* * * * *
    (b) The following is a safety zone--The United States waters of the 
Lower Niagara River, Niagara Falls, NY from a straight line drawn from 
position 43[deg]07'10.70'' N., 079[deg]04'02.32'' W. (NAD 83) and 
43[deg]07'09.41'' N., 079[deg]04'05.41'' W. (NAD 83) just south of the 
whirlpool rapids from the east side of the river to the international 
border of the United States, to a straight line drawn from position 
43[deg]06'34.01'' N., 079[deg]03'28.04'' W. (NAD 83) and 
43[deg]06'33.52'' N., 079[deg]03'30.42'' W. (NAD 83) at the 
International Railroad Bridge.

    Dated: April 20, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-10469 Filed 5-22-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                23514               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations

                                                2017–09–08 The Boeing Company:                          or local Flight Standards District Office, as           Issued in Renton, Washington, on April 27,
                                                    Amendment 39–18870; Docket No.                      appropriate. If sending information directly          2017.
                                                    FAA–2016–9439; Directorate Identifier               to the manager of the ACO, send it to the             Paul Bernado,
                                                    2016–NM–170–AD.                                     attention of the person identified in                 Acting Manager, Transport Airplane
                                                (a) Effective Date                                      paragraph (j)(1) of this AD. Information may          Directorate, Aircraft Certification Service.
                                                                                                        be emailed to: 9-ANM-Seattle-ACO-AMOC-
                                                  This AD is effective June 27, 2017.                                                                         [FR Doc. 2017–10255 Filed 5–22–17; 8:45 am]
                                                                                                        Requests@faa.gov.
                                                                                                                                                              BILLING CODE 4910–13–P
                                                (b) Affected ADs                                           (2) Before using any approved AMOC,
                                                  None.                                                 notify your appropriate principal inspector,
                                                                                                        or lacking a principal inspector, the manager
                                                (c) Applicability                                       of the local flight standards district office/        DEPARTMENT OF HOMELAND
                                                   This AD applies to The Boeing Company                certificate holding district office.                  SECURITY
                                                Model 787–8 airplanes, certificated in any                 (3) An AMOC that provides an acceptable
                                                category, as identified in Boeing Alert                 level of safety may be used for any repair,           Coast Guard
                                                Service Bulletin B787–81205–SB240027–00,                modification, or alteration required by this
                                                Issue 002, dated September 6, 2016 (‘‘ASB               AD if it is approved by the Boeing                    33 CFR Part 165
                                                B787–81205–SB240027–00, Issue 002’’).                   Commercial Airplanes Organization
                                                (d) Subject                                             Designation Authorization (ODA) that has              [Docket Number USCG–2015–0492]
                                                                                                        been authorized by the Manager, Seattle
                                                  Air Transport Association (ATA) of                                                                          RIN 1625–AA00
                                                                                                        ACO, to make those findings. To be
                                                America Code 24, Electrical power.
                                                                                                        approved, the repair method, modification
                                                (e) Unsafe Condition                                    deviation, or alteration deviation must meet          Safety Zone; Lower Niagara River at
                                                                                                        the certification basis of the airplane, and the      Niagara Falls, New York
                                                   This AD was prompted by a report
                                                indicating that during an airplane inspection           approval must specifically refer to this AD.          AGENCY:    Coast Guard, DHS.
                                                in production, the variable frequency starter           (j) Related Information
                                                generator (VFSG) power feeder cables were
                                                                                                                                                              ACTION:   Final rule.
                                                found to contain terminal lugs incorrectly                (1) For more information about this AD,
                                                                                                        contact Brendan Shanley, Aerospace                    SUMMARY:    The Coast Guard is
                                                installed common to terminal blocks located
                                                in the wing front spar; the lugs were close to          Engineer, Systems and Equipment Branch,               establishing a permanent safety zone
                                                the structure causing the lug sleeve to come            ANM–130S, FAA, Seattle Aircraft                       within the Captain of the Port Zone
                                                in contact with adjacent fasteners. We are              Certification Office (ACO), 1601 Lind Avenue          Buffalo on the Lower Niagara River,
                                                issuing this AD to detect and correct                   SW., Renton, WA 98057–3356; phone: 425–               Niagara Falls, NY. This rule is intended
                                                incorrectly installed terminal lugs which may           917–6492; fax: 425–917–6590; email:                   to restrict vessels from a portion of the
                                                contact adjacent structure and be damaged.              brendan.shanley@faa.gov.                              Lower Niagara River considered not
                                                Damaged terminal lugs could cause the                     (2) Service information identified in this          navigable as listed in the United States
                                                potential loss of several functions essential           AD that is not incorporated by reference is           Coast Pilot Book 6—Great Lakes: Lake
                                                for safe flight or electrical arcing in a               available at the addresses specified in               Ontario, Erie, Huron, Michigan, and
                                                flammable leakage zone, which could result              paragraphs (k)(3) and (k)(4) of this AD.
                                                in an electrical short and the possible                                                                       Superior and St. Lawrence River and
                                                introduction of energy into the main fuel               (k) Material Incorporated by Reference                more specifically as described below.
                                                tanks.                                                     (1) The Director of the Federal Register
                                                                                                                                                              The safety zone to be established by this
                                                                                                        approved the incorporation by reference               rule is necessary to protect the public
                                                (f) Compliance
                                                                                                        (IBR) of the service information listed in this       and vessels from the hazards associated
                                                   Comply with this AD within the                                                                             with the heavy rapids in the narrow
                                                                                                        paragraph under 5 U.S.C. 552(a) and 1 CFR
                                                compliance times specified, unless already                                                                    waterway of the Lower Niagara River.
                                                                                                        part 51.
                                                done.
                                                                                                           (2) You must use this service information          DATES: This rule is effective June 22,
                                                (g) Inspection of Terminal Lugs and                     as applicable to do the actions required by           2017.
                                                Corrective Actions                                      this AD, unless the AD specifies otherwise.
                                                                                                           (i) Boeing Alert Service Bulletin B787–            ADDRESSES:   To view documents
                                                   Within 12 months after the effective date
                                                of this AD, do a general visual inspection of           81205–SB240027–00, Issue 002, dated                   mentioned in this preamble as being
                                                the right and left wing, section 16, VFSG               September 6, 2016.                                    available in the docket, go to http://
                                                power feeder cable terminal lugs at the                    (ii) Reserved.                                     www.regulations.gov, type USCG–2015–
                                                terminal block for correct installation and do             (3) For Boeing service information                 0492 in the ‘‘SEARCH’’ box and click
                                                all applicable corrective actions, in                   identified in this AD, contact Boeing                 ‘‘SEARCH.’’ Click on Open Docket
                                                accordance with ASB B787–81205–                         Commercial Airplanes, Attention:                      Folder on the line associated with this
                                                SB240027–00, Issue 002. Do all applicable               Contractual & Data Services (C&DS), 2600              rule.
                                                corrective actions before further flight.               Westminster Blvd., MC 110–SK57, Seal                  FOR FURTHER INFORMATION CONTACT: If
                                                (h) Credit for Previous Actions                         Beach, CA 90740–5600; telephone: 562–797–
                                                                                                                                                              you have questions on this rule, call or
                                                                                                        1717; Internet: https://
                                                   This paragraph provides credit for the                                                                     email LT Michael Collet, Chief of
                                                                                                        www.myboeingfleet.com.
                                                actions specified in paragraph (g) of this AD,
                                                                                                           (4) You may view this service information
                                                                                                                                                              Waterways Management, U.S. Coast
                                                if those actions were performed before the                                                                    Guard Sector Buffalo; telephone 716–
                                                                                                        at the FAA, Transport Airplane Directorate,
                                                effective date of this AD using Boeing Alert                                                                  843–9322, email
                                                                                                        1601 Lind Avenue SW., Renton, WA. For
                                                Service Bulletin B787–81205–SB240027–00,                                                                      SectorBuffaloMarineSafety@uscg.mil.
                                                Issue 001, dated January 21, 2014.                      information on the availability of this
                                                                                                        material at the FAA, call 425–227–1221.               SUPPLEMENTARY INFORMATION:
                                                (i) Alternative Methods of Compliance                      (5) You may view this service information
jstallworth on DSK7TPTVN1PROD with RULES




                                                (AMOCs)                                                 that is incorporated by reference at the              I. Table of Abbreviations
                                                   (1) The Manager, Seattle Aircraft                    National Archives and Records                         CFR Code of Federal Regulations
                                                Certification Office (ACO), FAA, has the                Administration (NARA). For information on             DHS Department of Homeland Security
                                                authority to approve AMOCs for this AD, if              the availability of this material at NARA, call       FR Federal Register
                                                requested using the procedures found in 14              202–741–6030, or go to: http://                       NPRM Notice of proposed rulemaking
                                                CFR 39.19. In accordance with 14 CFR 39.19,             www.archives.gov/federal-register/cfr/ibr-            § Section
                                                send your request to your principal inspector           locations.html.                                       U.S.C. United States Code



                                           VerDate Sep<11>2014   13:41 May 22, 2017   Jkt 241001   PO 00000   Frm 00024   Fmt 4700   Sfmt 4700   E:\FR\FM\23MYR1.SGM   23MYR1


                                                                    Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations                                           23515

                                                II. Background Information and                          waters: All United States waters of the               The Coast Guard received no comments
                                                Regulatory History                                      Lower Niagara River, Niagara Falls, NY                from the Small Business Administration
                                                   On June 21, 2016, the Coast Guard                    from a straight line drawn from position              on this rulemaking. The Coast Guard
                                                published a notice of proposed                          43°07′10.70″ N., 079°04′02.32″ W. (NAD                certifies under 5 U.S.C. 605(b) that this
                                                                                                        83) and 43°07′09.41″ N., 079°4′05.41″                 rule will not have a significant
                                                rulemaking (NPRM) titled ‘‘Safety Zone;
                                                                                                        W. (NAD 83) just south of the whirlpool               economic impact on a substantial
                                                Lower Niagara River at Niagara Falls,
                                                                                                        rapids from the east side of the river to             number of small entities.
                                                New York’’ (81 FR 40226). There we                                                                               This rule may affect the following
                                                                                                        the international border of the United
                                                issued the NPRM and invited comments                                                                          entities, most of which are small
                                                                                                        States, to a straight line drawn from
                                                on our proposed regulatory action                                                                             entities: The owners or operators of
                                                                                                        position 43°06′34.01″ N., 079°03′28.04″
                                                related to this permanent safety zone.                                                                        vessels intending to transit in the
                                                                                                        W. (NAD 83) and 43°06′33.52″ N.,
                                                During the 90 day comment period that                                                                         portion of American waters at the
                                                                                                        079°03′30.42″ W. (NAD 83) at the
                                                ended September 19, 2016, we received                                                                         whirlpool rapids. This safety zone will
                                                                                                        International Railroad Bridge. Entry
                                                five comments.                                                                                                not have a significant economic impact
                                                                                                        into, transiting, or anchoring within the
                                                III. Legal Authority and Need for Rule                  safety zone is prohibited unless                      on a substantial number of small entities
                                                                                                        authorized by the Captain of the Port                 for the following reasons: There have
                                                   The Coast Guard is issuing this rule
                                                                                                        Zone Buffalo or a designated                          not been a substantial number of small
                                                under authority in 33 U.S.C. 1231. The                                                                        entities attempting to transit this section
                                                Coast Guard has already established a                   representative.
                                                                                                                                                              of the river.
                                                permanent safety zone in the Upper                      V. Regulatory Analyses                                   Under section 213(a) of the Small
                                                Niagara River per 33 CFR 165.902(a) in                    We developed this rule after                        Business Regulatory Enforcement
                                                order to protect the boating public from                considering numerous statutes and                     Fairness Act of 1996 (Pub. L. 104–121),
                                                the dangers of the waters above and at                  Executive orders related to rulemaking.               we want to assist small entities in
                                                the Niagara Falls. These waters include                 Below we summarize our analyses                       understanding this rule. If the rule
                                                the United States waters of the Niagara                 based on a number of these statutes and               would affect your small business,
                                                River from the crest of the American                    Executive orders.                                     organization, or governmental
                                                and Horseshoe Falls, New York to a line                                                                       jurisdiction and you have questions
                                                drawn across the Niagara River from the                 A. Regulatory Planning and Review
                                                                                                                                                              concerning its provisions or options for
                                                downstream side of the mouth of Gill                       Executive Orders 12866 and 13563                   compliance, please contact the person
                                                Creek to the upstream end of the                        direct agencies to assess the costs and               listed in the FOR FURTHER INFORMATION
                                                breakwater at the mouth of the Welland                  benefits of available regulatory                      CONTACT section.
                                                River.                                                  alternatives and, if regulation is                       Small businesses may send comments
                                                   The heavy rapids in the section of the               necessary, to select regulatory                       on the actions of Federal employees
                                                Lower Niagara River downstream of                       approaches that maximize net benefits.                who enforce, or otherwise determine
                                                Niagara Falls have not historically been                Executive Order 13563 emphasizes the                  compliance with, Federal regulations to
                                                regularly navigated by vessels. In early                importance of quantifying both costs                  the Small Business and Agriculture
                                                2014, the Captain of the Port Zone                      and benefits, of reducing costs, of                   Regulatory Enforcement Ombudsman
                                                Buffalo received reports of vessels                     harmonizing rules, and of promoting                   and the Regional Small Business
                                                transiting this section of the Niagara                  flexibility. This rule has not been                   Regulatory Fairness Boards. The
                                                River. These reports prompted further                   designated a ‘‘significant regulatory                 Ombudsman evaluates these actions
                                                evaluation of the safety of the entire                  action,’’ under Executive Order 12866.                annually and rates each agency’s
                                                waterway by federal, state, and local                   Accordingly, it has not been reviewed                 responsiveness to small business. If you
                                                agencies. The purpose of the evaluation                 by the Office of Management and                       wish to comment on actions by
                                                was to determine what, if any, rescue                   Budget.                                               employees of the Coast Guard, call 1–
                                                capability exists that would be able to                    We conclude that this rule is not a                888–REG–FAIR (1–888–734–3247). The
                                                respond to vessels and/or passengers in                 significant regulatory action because we              Coast Guard will not retaliate against
                                                distress in the heavy rapids of the river               anticipate that it will have minimal                  small entities that question or complain
                                                south of the whirlpool rapids to the                    impact on the economy, will not                       about this rule or any policy or action
                                                International Railroad Bridge.                          interfere with other agencies, will not               of the Coast Guard.
                                                   The Captain of the Port Buffalo                      adversely alter the budget of any grant
                                                (COTP) has determined that no feasible                  or loan recipients, and will not raise any            C. Collection of Information
                                                rescue capability exists for vessels in                 novel legal or policy issues. The safety                This rule will not call for a new
                                                distress or persons in the water in the                 zone created by this rule will be                     collection of information under the
                                                heavy rapids south of the whirlpool                     relatively small and is designed to                   Paperwork Reduction Act of 1995 (44
                                                rapids to the International Railroad                    minimize its impact on navigable                      U.S.C. 3501–3520).
                                                Bridge.                                                 waters.
                                                                                                                                                              D. Federalism and Indian Tribal
                                                IV. Discussion of Comments, Changes,                    B. Impact on Small Entities                           Governments
                                                and the Rule                                               The Regulatory Flexibility Act of                     A rule has implications for federalism
                                                  As noted above, we received five                      1980, 5 U.S.C. 601–612, as amended,                   under Executive Order 13132,
                                                comments on our NPRM published June                     requires Federal agencies to consider                 Federalism, if it has a substantial direct
                                                21, 2016. All five comments were                        the potential impact of regulations on                effect on the States, on the relationship
jstallworth on DSK7TPTVN1PROD with RULES




                                                generally supportive of the proposed                    small entities during rulemaking. The                 between the national government and
                                                safety zone with no objections or                       term ‘‘small entities’’ comprises small               the States, or on the distribution of
                                                recommendations. There are no changes                   businesses, not-for-profit organizations              power and responsibilities among the
                                                in the regulatory text of this rule from                that are independently owned and                      various levels of government. We have
                                                the language proposed in the NPRM.                      operated and are not dominant in their                analyzed this rule under that Order and
                                                  This rule establishes a permanent                     fields, and governmental jurisdictions                have determined that it is consistent
                                                safety zone to include the following                    with populations of less than 50,000.                 with the fundamental federalism


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                                                23516               Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Rules and Regulations

                                                principles and preemption requirements                  message can be received without                       SUMMARY:    In accordance with the
                                                described in Executive Order 13132.                     jeopardizing the safety or security of                Presidential directive as expressed in
                                                   Also, this rule does not have tribal                 people, places or vessels.                            the memorandum of January 20, 2017,
                                                implications under Executive Order                                                                            from the Assistant to the President and
                                                13175, Consultation and Coordination                    List of Subjects in 33 CFR Part 165
                                                                                                                                                              Chief of Staff, entitled ‘‘Regulatory
                                                with Indian Tribal Governments,                           Harbors, Marine safety, Navigation                  Freeze Pending Review,’’ this action
                                                because it does not have a substantial                  (water), Reporting and recordkeeping                  temporarily delays, until June 5, 2017,
                                                direct effect on one or more Indian                     requirements, Security measures,                      the effective date of the final rule titled
                                                tribes, on the relationship between the                 Waterways.                                            ‘‘Minimum Training Requirements for
                                                Federal Government and Indian tribes,                     For the reasons discussed in the                    Entry-Level Commercial Motor Vehicle
                                                or on the distribution of power and                     preamble, the Coast Guard amends 33                   Operators,’’ initially effective on
                                                responsibilities between the Federal                    CFR part 165 as follows:                              February 6, 2017.
                                                Government and Indian tribes. If you                                                                          DATES: The effective date of the final
                                                believe this rule has implications for                  PART 165—REGULATED NAVIGATION                         rule published on December 8, 2016 (81
                                                federalism or Indian tribes, please                     AREAS AND LIMITED ACCESS AREAS                        FR 88732), delayed to March 21, 2017
                                                contact the person listed in the FOR                                                                          at 82 FR 8903 and then further delayed
                                                                                                        ■ 1. The authority citation for part 165
                                                FURTHER INFORMATION CONTACT section.                                                                          to May 22, 2017 at 82 FR 14476, is
                                                                                                        continues to read as follows:
                                                E. Unfunded Mandates Reform Act                                                                               further delayed until June 5, 2017.
                                                                                                          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;             FOR FURTHER INFORMATION CONTACT: Mr.
                                                  The Unfunded Mandates Reform Act
                                                of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security Delegation            Richard Clemente, Driver and Carrier
                                                Federal agencies to assess the effects of               No. 0170.1.                                           Operations (MC–PSD) Division,
                                                their discretionary regulatory actions. In              ■ 2. In § 165.902, revise the section                 FMCSA, 1200 New Jersey Ave. SE.,
                                                particular, the Act addresses actions                   heading and add paragraph (b) to read                 Washington, DC 20590–0001, by
                                                that may result in the expenditure by a                 as follows:                                           telephone at 202–366–4325, or by email
                                                State, local, or tribal government, in the                                                                    at MCPSD@dot.gov.
                                                                                                        § 165.902 Safety Zone; Lower Niagara                  SUPPLEMENTARY INFORMATION: FMCSA
                                                aggregate, or by the private sector of                  River at Niagara Falls, New York.
                                                $100,000,000 (adjusted for inflation) or                                                                      bases this action on the Presidential
                                                more in any one year. Though this rule                  *      *     *     *     *                            directive as expressed in the
                                                                                                           (b) The following is a safety zone—                memorandum of January 20, 2017, from
                                                will not result in such expenditure, we
                                                                                                        The United States waters of the Lower                 the Assistant to the President and Chief
                                                do discuss the effects of this rule
                                                                                                        Niagara River, Niagara Falls, NY from a               of Staff, entitled ‘‘Regulatory Freeze
                                                elsewhere in this preamble.
                                                                                                        straight line drawn from position                     Pending Review’’ (the January 20, 2017,
                                                F. Environment                                          43°07′10.70″ N., 079°04′02.32″ W. (NAD                memorandum). That memorandum
                                                  We have analyzed this rule under                      83) and 43°07′09.41″ N., 079°04′05.41″                directed the heads of Executive
                                                Department of Homeland Security                         W. (NAD 83) just south of the whirlpool               Departments and Agencies to
                                                Management Directive 023–01 and                         rapids from the east side of the river to             temporarily postpone for 60 days from
                                                Commandant Instruction M16475.lD,                       the international border of the United                the date of the memorandum the
                                                which guide the Coast Guard in                          States, to a straight line drawn from                 effective dates of certain regulations that
                                                complying with the National                             position 43°06′34.01″ N., 079°03′28.04″               had been published in the Federal
                                                Environmental Policy Act of 1969 (42                    W. (NAD 83) and 43°06′33.52″ N.,                      Register, but had not yet taken effect.
                                                U.S.C. 4321–4370f), and have                            079°03′30.42″ W. (NAD 83) at the                      Because the original effective date of the
                                                determined that this action is one of a                 International Railroad Bridge.                        final rule published on December 8,
                                                category of actions that do not                            Dated: April 20, 2017.                             2016, fell within that 60-day window,
                                                individually or cumulatively have a                     J.S. Dufresne,                                        the effective date of the rule was
                                                significant effect on the human                         Captain, U.S. Coast Guard, Captain of the             extended to March 21, 2017, in a final
                                                environment. This rule involves the                     Port Buffalo.                                         rule published on February 1, 2017 (82
                                                establishment of a permanent safety                     [FR Doc. 2017–10469 Filed 5–22–17; 8:45 am]           FR 8903). Consistent with the
                                                zone in a small section of the Lower                    BILLING CODE 9110–04–P                                memorandum of the Assistant to the
                                                Niagara River. It is categorically                                                                            President and Chief of Staff, and as
                                                excluded from further review under                                                                            stated in the February 1, 2017, final rule
                                                paragraph 34(g) of Figure 2–1 of the                    DEPARTMENT OF TRANSPORTATION                          delaying the effective date, the Agency
                                                Commandant Instruction. An                                                                                    further delayed the effective date of this
                                                environmental analysis checklist                        Federal Motor Carrier Safety                          regulation until May 22, 2017 (82 FR
                                                supporting this determination and a                     Administration                                        14476, March 21, 2017). The Agency
                                                Categorical Exclusion Determination are                                                                       now delays the effective date until June
                                                available in the docket where indicated                 49 CFR Parts 380, 383, and 384                        5, 2017.
                                                under ADDRESSES. We seek any                                                                                     The Agency’s implementation of this
                                                                                                        [FMCSA–2007–27748]                                    action without opportunity for public
                                                comments or information that may lead
                                                to the discovery of a significant                       RIN 2126–AB66                                         comment is based on the good cause
                                                environmental impact from this rule.                                                                          exceptions in 5 U.S.C. 553(b)(B) and
                                                                                                        Minimum Training Requirements for                     553(d)(3), in that seeking public
jstallworth on DSK7TPTVN1PROD with RULES




                                                G. Protest Activities                                   Entry-Level Commercial Motor Vehicle                  comment is impracticable, unnecessary
                                                  The Coast Guard respects the First                    Operators                                             and contrary to the public interest. The
                                                Amendment rights of protesters.                         AGENCY:   Federal Motor Carrier Safety                delay in the effective date until June 5,
                                                Protesters are asked to contact the                     Administration (FMCSA), DOT.                          2017, is necessary to provide the
                                                person listed in the FOR FURTHER                                                                              opportunity for further review and
                                                                                                        ACTION: Final rule; further delay of
                                                INFORMATION CONTACT section to                                                                                consideration of this new regulation,
                                                                                                        effective date.
                                                coordinate protest activities so that your                                                                    consistent with the January 20, 2017,


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Document Created: 2017-05-23 02:14:29
Document Modified: 2017-05-23 02:14:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective June 22, 2017.
ContactIf you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected]
FR Citation82 FR 23514 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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