82_FR_24627 82 FR 24525 - Safety Zone; Buffalo Carnival; Buffalo Outer Harbor, Buffalo, NY

82 FR 24525 - Safety Zone; Buffalo Carnival; Buffalo Outer Harbor, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 102 (May 30, 2017)

Page Range24525-24527
FR Document2017-11026

The Coast Guard is establishing a temporary safety zone on Lake Erie, Buffalo Outer Harbor, Buffalo, NY. This safety zone is intended to restrict vessels from a portion of the Outer Harbor during the May 28, 2017 fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display.

Federal Register, Volume 82 Issue 102 (Tuesday, May 30, 2017)
[Federal Register Volume 82, Number 102 (Tuesday, May 30, 2017)]
[Rules and Regulations]
[Pages 24525-24527]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11026]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0408]
RIN 1625-AA00


Safety Zone; Buffalo Carnival; Buffalo Outer Harbor, Buffalo, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, Buffalo Outer Harbor, Buffalo, NY. This safety zone is 
intended to restrict vessels from a portion of the Outer Harbor during 
the May 28, 2017 fireworks display. This temporary safety zone is 
necessary to protect mariners and vessels from the navigational hazards 
associated with a fireworks display.

DATES: This rule is effective from 8:45 p.m. until 9:45 p.m. on May 28, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0408 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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that

[[Page 24526]]

good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because doing so would be 
impracticable. The final details of this event were not known to the 
Coast Guard until there was insufficient time remaining before the 
event to publish an NPRM. Thus, delaying the effective date of this 
rule to wait for a comment period to run would be impracticable because 
it would inhibit the Coast Guard's ability to protect mariners and 
vessels from the hazards associated with a maritime fireworks display. 
Therefore, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this temporary rule effective less than 30 days 
after publication in the Federal Register.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo (COTP) has determined that a 
maritime fireworks show presents significant risks to public safety and 
property. Such hazards include premature and accidental detonations, 
dangerous projectiles, and falling or burning debris. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the fireworks show is 
taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone on May 28, 2017 from 8:45 p.m. 
until 9:45 p.m. The safety zone will encompass all waters of the 
Buffalo Outer Harbor contained within a 280-foot radius of position 
42[deg]52'10.75'' N. and 078[deg]52'56.01'' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order 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 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.
    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).
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced for a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, the safety zone has been designed to allow vessels to 
transit around it. Thus, restrictions on vessel movement within that 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone would be effective, and thus subject to enforcement for 
only one hour late in the evening. Traffic may be allowed to pass 
through the zone with the permission of the Captain of the Port. The 
Captain of the Port can be reached via VHF channel 16. Before the 
enforcement of the zone, we would issue local Broadcast Notice to 
Mariners.
    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 
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

[[Page 24527]]

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 above.

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 an 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 it 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule creates a temporary safety zone and is categorically excluded 
under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction, 
which pertains to establisnment of safety zones. A Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

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. Add Sec.  165.T09-0408 to read as follows:


Sec.  165.T09-0408   Safety Zone; Buffalo Carnival, Buffalo Outer 
Harbor; Buffalo, NY.

    (a) Location. This zone will encompass all waters of Buffalo Outer 
Harbor, Buffalo, NY contained within a 280-foot radius of position 
42[deg]52''10.76'' N. and 078[deg]52'56.01'' W. (NAD 83).
    (b) Enforcement period. This rule is effective on May 28, 2017 from 
8:45 p.m. until 9:45 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: May 23, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-11026 Filed 5-26-17; 8:45 am]
BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations                                          24525

                                              § 30.65 Failure to disclose lead-based                  § 180.671 Assessing civil penalties for Fair          DEPARTMENT OF HOMELAND
                                              paint hazards.                                          Housing Act cases.                                    SECURITY
                                              *     *     *      *    *                                  (a) * * *
                                                (b) Amount of penalty. The maximum                       (1) $20,111, if the respondent has not             Coast Guard
                                              penalty is $17,047 for each violation.                  been adjudged in any administrative
                                              ■ 15. In § 30.68, revise paragraph (c) to               hearing or civil action permitted under               33 CFR Part 165
                                              read as follows:                                        the Fair Housing Act or any state or
                                                                                                                                                            [Docket Number USCG–2017–0408]
                                                                                                      local fair housing law, or in any
                                              § 30.68    Section 8 owners.                            licensing or regulatory proceeding                    RIN 1625–AA00
                                              *     *     *    *     *                                conducted by a federal, state, or local
                                                (c) Maximum penalty. The maximum                      governmental agency, to have                          Safety Zone; Buffalo Carnival; Buffalo
                                              penalty for each violation under this                   committed any prior discriminatory                    Outer Harbor, Buffalo, NY
                                              section is $37,396.                                     housing practice.                                     AGENCY:    Coast Guard, DHS.
                                              *     *     *    *     *                                   (2) $50,276, if the respondent has
                                                                                                                                                            ACTION:   Temporary final rule.
                                                                                                      been adjudged in any administrative
                                              § 30.80    [Amended]                                    hearing or civil action permitted under               SUMMARY:   The Coast Guard is
                                              ■  16. In § 30.80, add the word ‘‘and’’                 the Fair Housing Act, or under any state              establishing a temporary safety zone on
                                              after paragraph (h); remove paragraph                   or local fair housing law, or in any                  Lake Erie, Buffalo Outer Harbor, Buffalo,
                                              (i); and redesignate paragraphs (j), (k),               licensing or regulatory proceeding                    NY. This safety zone is intended to
                                              and (l) as paragraphs (i), (j), and (k),                conducted by a federal, state, or local               restrict vessels from a portion of the
                                              respectively.                                           government agency, to have committed                  Outer Harbor during the May 28, 2017
                                                                                                      one other discriminatory housing                      fireworks display. This temporary safety
                                              PART 87—NEW RESTRICTIONS ON                             practice and the adjudication was made                zone is necessary to protect mariners
                                              LOBBYING                                                during the 5-year period preceding the                and vessels from the navigational
                                                                                                      date of filing of the charge.                         hazards associated with a fireworks
                                              ■ 17. The authority citation for part 87                   (3) $100,554, if the respondent has                display.
                                              continues to read as follows:                           been adjudged in any administrative
                                                                                                                                                            DATES: This rule is effective from 8:45
                                                Authority: 28 U.S.C. 1 note; 31 U.S.C.                hearings or civil actions permitted
                                                                                                                                                            p.m. until 9:45 p.m. on May 28, 2017.
                                              1352; 42 U.S.C. 3535(d).                                under the Fair Housing Act, or under
                                                                                                      any state or local fair housing law, or in            ADDRESSES: To view documents
                                              ■ 18. In § 87.400, revise paragraphs (a),                                                                     mentioned in this preamble as being
                                              (b), and (e) to read as follows:                        any licensing or regulatory proceeding
                                                                                                      conducted by a federal, state, or local               available in the docket, go to http://
                                              § 87.400    Penalties.                                  government agency, to have committed                  www.regulations.gov, type USCG–2017–
                                                                                                      two or more discriminatory housing                    0408 in the ‘‘SEARCH’’ box and click
                                                 (a) Any person who makes an                                                                                ‘‘SEARCH.’’ Click on Open Docket
                                              expenditure prohibited herein shall be                  practices and the adjudications were
                                                                                                      made during the 7-year period                         Folder on the line associated with this
                                              subject to a civil penalty of not less than                                                                   rule.
                                              $19,246 and not more than $192,459 for                  preceding the date of filing of the
                                                                                                      charge.                                               FOR FURTHER INFORMATION CONTACT: If
                                              each such expenditure.
                                                 (b) Any person who fails to file or                  *      *     *     *     *                            you have questions on this rule, call or
                                              amend the disclosure form (see                                                                                email LT Michael Collet, Chief of
                                              appendix B) to be filed or amended if                   PART 3282—MANUFACTURED HOME                           Waterways Management, U.S. Coast
                                              required herein, shall be subject to a                  PROCEDURAL AND ENFORCEMENT                            Guard Sector Buffalo; telephone 716–
                                              civil penalty of not less than $19,246                  REGULATIONS                                           843–9322, email
                                              and not more than $192,459 for each                                                                           SectorBuffaloMarineSafety@uscg.mil.
                                                                                                      ■ 21. The authority citation for part                 SUPPLEMENTARY INFORMATION:
                                              such failure.
                                                                                                      3282 continues to read as follows:
                                              *      *     *      *    *                                                                                    I. Table of Abbreviations
                                                 (e) First offenders under paragraphs                   Authority: 28 U.S.C. 1 note; 28 U.S.C. 2461
                                                                                                      note; 42 U.S.C. 3535(d) and 5424.                     CFR Code of Federal Regulations
                                              (a) or (b) of this section shall be subject
                                              to a civil penalty of $19,246, absent                   ■ 22. Revise § 3282.10 to read as                     DHS Department of Homeland Security
                                              aggravating circumstances. Second and                   follows:                                              FR Federal Register
                                                                                                                                                            NPRM Notice of proposed rulemaking
                                              subsequent offenses by persons shall be                 § 3282.10    Civil and criminal penalties.            § Section
                                              subject to an appropriate civil penalty                                                                       U.S.C. United States Code
                                              between $19,246 and $192,459, as                           Failure to comply with these
                                              determined by the agency head or his or                 regulations may subject the party in                  II. Background Information and
                                              her designee.                                           question to the civil and criminal                    Regulatory History
                                                                                                      penalties provided for in section 611 of
                                              *      *     *      *    *                              the Act, 42 U.S.C. 5410. The maximum                     The Coast Guard is issuing this
                                                                                                      amount of penalties imposed under                     temporary rule without prior notice and
                                              PART 180—CONSOLIDATED HUD                                                                                     opportunity to comment pursuant to
                                              HEARING PROCEDURES FOR CIVIL                            section 611 of the Act shall be $2,795
                                                                                                      for each violation, up to a maximum of                authority under section 4(a) of the
                                              RIGHTS MATTERS                                                                                                Administrative Procedure Act (APA) (5
                                                                                                      $3,493,738 for any related series of
                                                                                                      violations occurring within one year                  U.S.C. 553(b)). This provision
                                                19. The authority citation for part 180
sradovich on DSK3GMQ082PROD with RULES




                                              ■
                                                                                                      from the date of the first violation.                 authorizes an agency to issue a rule
                                              continues to read as follows:
                                                                                                                                                            without prior notice and opportunity to
                                                Authority: 28 U.S.C. 1 note; 29 U.S.C. 794;             Dated: May 22, 2017.                                comment when the agency for good
                                              42 U.S.C. 2000d–1, 3535(d), 3601–3619,                  Bethany A. Zorc,                                      cause finds that those procedures are
                                              5301–5320, and 6103.                                    Principal Deputy General Counsel.                     ‘‘impracticable, unnecessary, or contrary
                                              ■ 20. In § 180.671, revise paragraphs                   [FR Doc. 2017–11056 Filed 5–26–17; 8:45 am]           to the public interest.’’ Under 5 U.S.C.
                                              (a)(1), (2), and (3) to read as follows:                BILLING CODE 4210–67–P                                553(b)(B), the Coast Guard finds that


                                         VerDate Sep<11>2014   17:28 May 26, 2017   Jkt 241001   PO 00000   Frm 00071   Fmt 4700   Sfmt 4700   E:\FR\FM\30MYR1.SGM   30MYR1


                                              24526              Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations

                                              good cause exists for not publishing a                  approaches that maximize net benefits.                substantial number of small entities for
                                              notice of proposed rulemaking (NPRM)                    Executive Order 13563 emphasizes the                  the following reasons: This safety zone
                                              with respect to this rule because doing                 importance of quantifying both costs                  would be effective, and thus subject to
                                              so would be impracticable. The final                    and benefits, of reducing costs, of                   enforcement for only one hour late in
                                              details of this event were not known to                 harmonizing rules, and of promoting                   the evening. Traffic may be allowed to
                                              the Coast Guard until there was                         flexibility. Executive Order 13771                    pass through the zone with the
                                              insufficient time remaining before the                  (‘‘Reducing Regulation and Controlling                permission of the Captain of the Port.
                                              event to publish an NPRM. Thus,                         Regulatory Costs’’), directs agencies to              The Captain of the Port can be reached
                                              delaying the effective date of this rule to             reduce regulation and control regulatory              via VHF channel 16. Before the
                                              wait for a comment period to run would                  costs and provides that ‘‘for every one               enforcement of the zone, we would
                                              be impracticable because it would                       new regulation issued, at least two prior             issue local Broadcast Notice to
                                              inhibit the Coast Guard’s ability to                    regulations be identified for elimination,            Mariners.
                                              protect mariners and vessels from the                   and that the cost of planned regulations                 Under section 213(a) of the Small
                                              hazards associated with a maritime                      be prudently managed and controlled                   Business Regulatory Enforcement
                                              fireworks display. Therefore, under 5                   through a budgeting process.’’                        Fairness Act of 1996 (Pub. L. 104–121),
                                              U.S.C. 553(d)(3), the Coast Guard finds                    This rule has not been designated a                we want to assist small entities in
                                              that good cause exists for making this                  ‘‘significant regulatory action,’’ under              understanding this rule. If the rule
                                              temporary rule effective less than 30                   Executive Order 12866. Accordingly, it                would affect your small business,
                                              days after publication in the Federal                   has not been reviewed by the Office of                organization, or governmental
                                              Register.                                               Management and Budget.                                jurisdiction and you have questions
                                                                                                         As this rule is not a significant                  concerning its provisions or options for
                                              III. Legal Authority and Need for Rule                  regulatory action, this rule is exempt                compliance, please contact the person
                                                 The Coast Guard is issuing this rule                 from the requirements of Executive                    listed in the FOR FURTHER INFORMATION
                                              under authority in 33 U.S.C. 1231. The                  Order 13771. See OMB’s Memorandum                     CONTACT section.
                                              Captain of the Port Buffalo (COTP) has                  titled ‘‘Interim Guidance Implementing                   Small businesses may send comments
                                              determined that a maritime fireworks                    Section 2 of the Executive Order of                   on the actions of Federal employees
                                              show presents significant risks to public               January 30, 2017 titled ‘Reducing                     who enforce, or otherwise determine
                                              safety and property. Such hazards                       Regulation and Controlling Regulatory                 compliance with, Federal regulations to
                                              include premature and accidental                        Costs’ ’’ (February 2, 2017).                         the Small Business and Agriculture
                                              detonations, dangerous projectiles, and                    We conclude that this rule is not a                Regulatory Enforcement Ombudsman
                                              falling or burning debris. This rule is                 significant regulatory action because we              and the Regional Small Business
                                              needed to protect personnel, vessels,                   anticipate that it will have minimal                  Regulatory Fairness Boards. The
                                              and the marine environment in the                       impact on the economy, will not                       Ombudsman evaluates these actions
                                              navigable waters within the safety zone                 interfere with other agencies, will not               annually and rates each agency’s
                                              while the fireworks show is taking                      adversely alter the budget of any grant               responsiveness to small business. If you
                                              place.                                                  or loan recipients, and will not raise any            wish to comment on actions by
                                                                                                      novel legal or policy issues. The safety              employees of the Coast Guard, call 1–
                                              IV. Discussion of the Rule                              zone created by this rule will be                     888–REG–FAIR (1–888–734–3247). The
                                                This rule establishes a safety zone on                relatively small and enforced for a                   Coast Guard will not retaliate against
                                              May 28, 2017 from 8:45 p.m. until 9:45                  relatively short time. Also, the safety               small entities that question or complain
                                              p.m. The safety zone will encompass all                 zone is designed to minimize its impact               about this rule or any policy or action
                                              waters of the Buffalo Outer Harbor                      on navigable waters. Furthermore, the                 of the Coast Guard.
                                              contained within a 280-foot radius of                   safety zone has been designed to allow
                                                                                                      vessels to transit around it. Thus,                   C. Collection of Information
                                              position 42°52′10.75″ N. and
                                              078°52′56.01″ W. (NAD 83).                              restrictions on vessel movement within                  This rule will not call for a new
                                                Entry into, transiting, or anchoring                  that particular area are expected to be               collection of information under the
                                              within the safety zone is prohibited                    minimal. Under certain conditions,                    Paperwork Reduction Act of 1995 (44
                                              unless authorized by the Captain of the                 moreover, vessels may still transit                   U.S.C. 3501–3520).
                                              Port Buffalo or his designated on-scene                 through the safety zone when permitted
                                                                                                                                                            D. Federalism and Indian Tribal
                                              representative. The Captain of the Port                 by the Captain of the Port.
                                                                                                                                                            Governments
                                              or his designated on-scene                              B. Impact on Small Entities
                                              representative may be contacted via                                                                              A rule has implications for federalism
                                              VHF Channel 16.                                            The Regulatory Flexibility Act of                  under Executive Order 13132,
                                                                                                      1980, 5 U.S.C. 601–612, as amended,                   Federalism, if it has a substantial direct
                                              V. Regulatory Analyses                                  requires Federal agencies to consider                 effect on the States, on the relationship
                                                We developed this rule after                          the potential impact of regulations on                between the national government and
                                              considering numerous statutes and                       small entities during rulemaking. The                 the States, or on the distribution of
                                              Executive order related to rulemaking.                  term ‘‘small entities’’ comprises small               power and responsibilities among the
                                              Below we summarize our analyses                         businesses, not-for-profit organizations              various levels of government. We have
                                              based on a number of these statutes and                 that are independently owned and                      analyzed this rule under that Order and
                                              Executive orders, and we discuss First                  operated and are not dominant in their                have determined that it is consistent
                                              Amendment rights of protestors.                         fields, and governmental jurisdictions                with the fundamental federalism
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      with populations of less than 50,000.                 principles and preemption requirements
                                              A. Regulatory Planning and Review                       The Coast Guard certifies under 5 U.S.C.              described in Executive Order 13132.
                                                 Executive Orders 12866 and 13563                     605(b) that this rule will not have a                    Also, this rule does not have tribal
                                              direct agencies to assess the costs and                 significant economic impact on a                      implications under Executive Order
                                              benefits of available regulatory                        substantial number of small entities.                 13175, Consultation and Coordination
                                              alternatives and, if regulation is                         This safety zone will not have a                   with Indian Tribal Governments,
                                              necessary, to select regulatory                         significant economic impact on a                      because it does not have a substantial


                                         VerDate Sep<11>2014   17:28 May 26, 2017   Jkt 241001   PO 00000   Frm 00072   Fmt 4700   Sfmt 4700   E:\FR\FM\30MYR1.SGM   30MYR1


                                                                 Federal Register / Vol. 82, No. 102 / Tuesday, May 30, 2017 / Rules and Regulations                                         24527

                                              direct effect on one or more Indian                       For the reasons discussed in the                    ENVIRONMENTAL PROTECTION
                                              tribes, on the relationship between the                 preamble, the Coast Guard amends 33                   AGENCY
                                              Federal Government and Indian tribes,                   CFR part 165 as follows:
                                              or on the distribution of power and                                                                           40 CFR Part 52
                                              responsibilities between the Federal                    PART 165—REGULATED NAVIGATION
                                              Government and Indian tribes. If you                    AREAS AND LIMITED ACCESS AREAS                        [EPA–R09–OAR–2016–0772; FRL–9962–82–
                                              believe this rule has implications for                                                                        Region 9]
                                              federalism or Indian tribes, please                     ■ 1. The authority citation for part 165
                                              contact the person listed in the FOR                    continues to read as follows:                         Determination of Attainment and
                                              FURTHER INFORMATION CONTACT section                                                                           Approval of Base Year Emissions
                                                                                                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           Inventories for the Imperial County,
                                              above.
                                                                                                      33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             California Fine Particulate Matter
                                              E. Unfunded Mandates Reform Act                         Department of Homeland Security Delegation            Nonattainment Area; Correction
                                                                                                      No. 0170.1.
                                                The Unfunded Mandates Reform Act                                                                            AGENCY:  Environmental Protection
                                              of 1995 (2 U.S.C. 1531–1538) requires                   ■ 2. Add § 165.T09–0408 to read as
                                                                                                                                                            Agency (EPA).
                                              Federal agencies to assess the effects of               follows:
                                                                                                                                                            ACTION: Final rule; correcting
                                              their discretionary regulatory actions. In              § 165.T09–0408 Safety Zone; Buffalo                   amendment.
                                              particular, the Act addresses actions                   Carnival, Buffalo Outer Harbor; Buffalo, NY.
                                              that may result in the expenditure by a                                                                       SUMMARY:    On March 13, 2017, the
                                              State, local, or tribal government, in the                (a) Location. This zone will                        Environmental Protection Agency (EPA)
                                              aggregate, or by the private sector of                  encompass all waters of Buffalo Outer                 published a direct final rule in the
                                              $100,000,000 (adjusted for inflation) or                Harbor, Buffalo, NY contained within a                Federal Register determining that the
                                              more in any one year. Though this rule                  280-foot radius of position 42°52″10.76″              Imperial County, California Moderate
                                              will not result in such an expenditure,                 N. and 078°52′56.01″ W. (NAD 83).                     nonattainment area (‘‘the Imperial
                                              we do discuss the effects of this rule                     (b) Enforcement period. This rule is               County NA’’) attained the 2006 24-hour
                                              elsewhere in this preamble.                             effective on May 28, 2017 from 8:45                   fine particulate matter (PM2.5) national
                                              F. Environment                                          p.m. until 9:45 p.m.                                  ambient air quality standard. In the
                                                                                                                                                            same action, the EPA approved a
                                                                                                         (c) Regulations. (1) In accordance with            revision to California’s state
                                                We have analyzed this rule under
                                                                                                      the general regulations in § 165.23 of                implementation plan (SIP) consisting of
                                              Department of Homeland Security
                                                                                                      this part, entry into, transiting, or                 the 2008 emissions inventory for the
                                              Management Directive 023–01 and
                                              Commandant Instruction M16475.lD,                       anchoring within this safety zone is                  Imperial County NA submitted by the
                                              which guide the Coast Guard in                          prohibited unless authorized by the                   California Air Resources Board (CARB
                                              complying with the National                             Captain of the Port Buffalo or his                    or ‘‘State’’) on January 9, 2015. The
                                              Environmental Policy Act of 1969 (42                    designated on-scene representative.                   EPA’s description in regulatory text of
                                              U.S.C. 4321–4370f), and have                               (2) This safety zone is closed to all              the SIP element that was approved
                                              determined that it is one of a category                 vessel traffic, except as may be                      inadvertently included information
                                              of actions that do not individually or                  permitted by the Captain of the Port                  unrelated to the 2008 emissions
                                              cumulatively have a significant effect on               Buffalo or his designated on-scene                    inventory. This document corrects the
                                              the human environment. This rule                        representative.                                       regulatory text to clarify the provisions
                                              creates a temporary safety zone and is                                                                        of the SIP that are approved.
                                                                                                         (3) The ‘‘on-scene representative’’ of
                                              categorically excluded under section                                                                          DATES: This correcting amendment is
                                              2.B.2, figure 2–1, paragraph 34(g) of the               the Captain of the Port Buffalo is any
                                                                                                                                                            effective on May 30, 2017.
                                              Instruction, which pertains to                          Coast Guard commissioned, warrant or
                                                                                                      petty officer who has been designated                 FOR FURTHER INFORMATION CONTACT:
                                              establisnment of safety zones. A Record                                                                       Ginger Vagenas, EPA Region IX, (415)
                                              of Environmental Consideration (REC)                    by the Captain of the Port Buffalo to act
                                                                                                      on his behalf.                                        972–3964, Vagenas.Ginger@epa.gov.
                                              supporting this determination is
                                                                                                                                                            SUPPLEMENTARY INFORMATION: This
                                              available in the docket where indicated                    (4) Vessel operators desiring to enter
                                              in the ADDRESSES section of this                                                                              action corrects an inadvertent error in a
                                                                                                      or operate within the safety zone must
                                              preamble.                                                                                                     rulemaking related to the EPA’s
                                                                                                      contact the Captain of the Port Buffalo
                                                                                                                                                            approval of the 2008 emissions
                                              G. Protest Activities                                   or his on-scene representative to obtain              inventory for the Imperial County NA.
                                                                                                      permission to do so. The Captain of the               On March 13, 2017, the EPA published
                                                The Coast Guard respects the First                    Port Buffalo or his on-scene                          a direct final rule approving a revision
                                              Amendment rights of protesters.                         representative may be contacted via                   of the California SIP—specifically, we
                                              Protesters are asked to contact the                     VHF Channel 16. Vessel operators given                approved the portion of Chapter 3 of
                                              person listed in the FOR FURTHER                        permission to enter or operate in the                 CARB’s January 9, 2015 submittal that
                                              INFORMATION CONTACT section to                          safety zone must comply with all                      contains the 2008 emissions inventory
                                              coordinate protest activities so that your              directions given to them by the Captain               for the Imperial County NA. This action
                                              message can be received without                         of the Port Buffalo, or his on-scene                  contained amendatory instructions that
                                              jeopardizing the safety or security of                  representative.                                       added paragraph (484) to 40 CFR
sradovich on DSK3GMQ082PROD with RULES




                                              people, places or vessels.                                                                                    52.220(c). However, in the amendatory
                                                                                                         Dated: May 23, 2017.
                                              List of Subjects in 33 CFR Part 165                                                                           instructions the EPA inadvertently
                                                                                                      J.S. Dufresne,
                                                                                                                                                            failed to exclude Section 3.4.2
                                                Harbors, Marine safety, Navigation                    Captain, U.S. Coast Guard, Captain of the             (‘‘Determination of Significant Sources
                                                                                                      Port Buffalo.
                                              (water), Reporting and recordkeeping                                                                          of PM2.5’’) from the portions of the SIP
                                              requirements, Security measures,                        [FR Doc. 2017–11026 Filed 5–26–17; 8:45 am]           we intended to approve. This document
                                              Waterways.                                              BILLING CODE 9110–04–P                                corrects that error.


                                         VerDate Sep<11>2014   17:28 May 26, 2017   Jkt 241001   PO 00000   Frm 00073   Fmt 4700   Sfmt 4700   E:\FR\FM\30MYR1.SGM   30MYR1



Document Created: 2018-11-08 08:54:41
Document Modified: 2018-11-08 08:54:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:45 p.m. until 9:45 p.m. on May 28, 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 24525 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR