82_FR_26870 82 FR 26760 - Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish Creek, Sylvan Beach, NY

82 FR 26760 - Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish Creek, Sylvan Beach, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 110 (June 9, 2017)

Page Range26760-26762
FR Document2017-11951

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Erie Canal System, Fish Creek, Sylvan Beach, NY. This action is necessary to provide for the safety of life on these navigable waters during the Canal Fest Water Ski Show on August 13, 2017. This proposed rulemaking would prohibit persons and vessels from passing through the safety zone during the water ski show unless authorized by the Captain of the Port Buffalo or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 110 (Friday, June 9, 2017)
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Proposed Rules]
[Pages 26760-26762]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11951]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0385]
RIN 1625-AA00


Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish 
Creek, Sylvan Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Erie Canal System, Fish Creek, Sylvan Beach, 
NY. This action is necessary to provide for the safety of life on these 
navigable waters during the Canal Fest Water Ski Show on August 13, 
2017. This proposed rulemaking would prohibit persons and vessels from 
passing through the safety zone during the water ski show unless 
authorized by the Captain of the Port Buffalo or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 10, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0385 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Michael Collet, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9322, email SectorBuffaloMarineSafety@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On April 09, 2017, the Sylvan Verona Beach Resort Association 
notified the Coast Guard that it will be conducting a water ski show 
from 12:30 p.m. to 2:30 p.m. on August 13, 2017. The water ski show to 
take place in the waters of Fish Creek on the Erie Canal System 
contained within the following positions: Starting at position 
43[deg]11'37.79'' N. and 075[deg]43'53.27'' W., running Northeast to 
position 43[deg]11'43.15'' N. and 075[deg]43'44.88'' W., then Southeast 
to 43[deg]11'42.82'' N. and 075[deg]43'43.42'' W. then Southwest to 
43[deg]11'36.90'' N. and 075[deg]43'52.06'' W. then returning to the 
point of origin. The Captain of the Port Buffalo (COTP) has determined 
that a water ski show on a navigable waterway will pose a significant 
risk to participants and the boating public.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within the demonstration area of the scheduled 
event. Vessel traffic will be allowed to pass through the safety zone 
between demonstrations. The Coast Guard proposes this rulemaking under 
authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 12:15 p.m. to 
2:30 p.m.

[[Page 26761]]

on August 13, 2017 that would be effective and enforced intermittently. 
The safety zone will encompass all waters of Fish Creek; Sylvan Beach, 
NY contained within the following positions: Starting at position 
43[deg]11'37.79'' N. and 075[deg]43'53.27'' W., running Northeast to 
position 43[deg]11'43.15'' N. and 075[deg]43'44.88'' W., then Southeast 
to 43[deg]11'42.82'' N. and 075[deg]43'43.42'' W. then Southwest to 
43[deg]11'36.90'' N. and 075[deg]43'52.06'' W. then returning to the 
point of origin. The duration of the zone is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
the scheduled 12:30 p.m. to 2:30 p.m. water skiing event. Vessels will 
be permitted to pass through the safety zone intermittently during the 
event as allowed by the COTP or the on-scene representative. No vessel 
or person would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility.
    Executive Order 13771 (``Reducing Regulation and Controlling 
Regulatory Costs''), directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    This NPRM has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    As this proposed rule is not a significant regulatory action, this 
rule is exempt from the requirements of Executive Order 13771. See 
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of 
the Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit through this safety zone in between 
water skiing acts which would impact a small designated area of Fish 
Creek for 2.5 hours. Moreover, the Coast Guard would issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the 
rule would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule

[[Page 26762]]

involves the establishment of a safety zone for 2.5 hours during 
intermittent periods. Normally such actions are categorically excluded 
from further review under section 2.B.2, and Figure 2-1, paragraph 
34(g) of the Instruction. Paragraph 34(g) pertains to the establishing, 
disestablishing, or changing Regulated Navigation Areas and security or 
safety zones. A preliminary Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 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.T09-0385 to read as follows:


Sec.  165.T09-0385   Safety Zone; Canal Fest Water Ski Show, Erie Canal 
System, Fish Creek, Sylvan Beach, NY.

    (a) Location. This zone will encompass all waters of Fish Creek; 
Sylvan Beach, NY contained within the following positions: Starting at 
position 43[deg]11'37.79'' N. and 075[deg]43'53.27'' W., running 
Northeast to position 43[deg]11'43.15'' N. and 075[deg]43'44.88'' W., 
then Southeast to 43[deg]11'42.82'' N. and 075[deg]43'43.42'' W., then 
Southwest to 43[deg]11'36.90'' N. and 075[deg]43'52.06'' W., then 
returning to the point of origin.
    (b) Enforcement Period. This regulation will be enforced 
intermittently on August 13, 2017 from 12:15 p.m. until 2:45 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: June 5, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-11951 Filed 6-8-17; 8:45 am]
BILLING CODE 9110-04-P



                                                    26760                      Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Proposed Rules

                                                      (2) For Airbus Model A300 F4–605R and                 obtaining approval of an AMOC, provided                We invite your comments on this
                                                    F4–622R airplanes: Airbus Service Bulletin              the procedures and tests identified as RC can          proposed rulemaking.
                                                    A300–31–6124, Revision 01, dated July 4,                be done and the airplane can be put back in
                                                                                                                                                                   DATES: Comments and related material
                                                    2016.                                                   an airworthy condition. Any substitutions or
                                                      (3) For Airbus Model A310–203, –204,                  changes to procedures or tests identified as           must be received by the Coast Guard on
                                                    –221, –222, –304, –322, –324, and –325                  RC require approval of an AMOC.                        or before July 10, 2017.
                                                    airplanes: Airbus Service Bulletin A310–31–                                                                    ADDRESSES: You may submit comments
                                                    2123, Revision 01, dated July 1, 2016.                  (k) Related Information
                                                                                                                                                                   identified by docket number USCG–
                                                                                                               (1) Refer to Mandatory Continuing                   2017–0385 using the Federal
                                                    (h) Parts Installation Prohibition
                                                                                                            Airworthiness Information (MCAI) EASA AD               eRulemaking Portal at http://
                                                      (1) As of the effective date of this AD, for          2016–0195, dated September 30, 2016, for
                                                    any airplane that has ECAM SGU standard                                                                        www.regulations.gov. See the ‘‘Public
                                                                                                            related information. This MCAI may be
                                                    W32, part number 9612670332, installed, no              found in the AD docket on the Internet at
                                                                                                                                                                   Participation and Request for
                                                    person may install an ECAM SGU standard                 http://www.regulations.gov by searching for            Comments’’ portion of the
                                                    prior to W32.                                           and locating Docket No. FAA–2017–0515.                 SUPPLEMENTARY INFORMATION section for
                                                      (2) For any airplane that has an ECAM SGU                (2) For more information about this AD,             further instructions on submitting
                                                    standard prior to W32, after modification of            contact Dan Rodina, Aerospace Engineer,                comments.
                                                    that airplane, no person may install an ECAM            International Branch, ANM–116, Transport
                                                    SGU standard prior to W32.                                                                                     FOR FURTHER INFORMATION CONTACT: If
                                                                                                            Airplane Directorate, FAA, 1601 Lind
                                                                                                            Avenue SW., Renton, WA 98057–3356;
                                                                                                                                                                   you have questions about this proposed
                                                    (i) Credit for Previous Actions                                                                                rulemaking, call or email LT Michael
                                                                                                            telephone 425–227–2125; fax 425–227–1149.
                                                       This paragraph provides credit for actions              (3) For service information identified in           Collet, Chief of Waterways Management,
                                                    required by paragraph (g) of this AD, if those          this AD, contact Airbus SAS, Airworthiness             U.S. Coast Guard Sector Buffalo;
                                                    actions were performed before the effective             Office—EAW, 1 Rond Point Maurice                       telephone 716–843–9322, email
                                                    date of this AD using the service information           Bellonte, 31707 Blagnac Cedex, France;                 SectorBuffaloMarineSafety@uscg.mil.
                                                    specified in paragraph (i)(1), (i)(2), or (i)(3) of     telephone: +33 5 61 93 36 96; fax: +33 5 61
                                                    this AD, as applicable.                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                            93 44 51; email: account.airworth-eas@
                                                       (1) Airbus Service Bulletin A300–31–6113,                                                                   I. Table of Abbreviations
                                                                                                            airbus.com; Internet: http://www.airbus.com.
                                                    Revision 02, dated September 4, 2014.
                                                                                                            You may view this service information at the
                                                       (2) Airbus Service Bulletin A300–31–6124,                                                                   CFR Code of Federal Regulations
                                                                                                            FAA, Transport Airplane Directorate, 1601
                                                    dated October 13, 2005.                                                                                        COTP Captain of the Port
                                                                                                            Lind Avenue SW., Renton, WA. For                       DHS Department of Homeland Security
                                                       (3) Airbus Service Bulletin A310–31–2123,
                                                                                                            information on the availability of this                FR Federal Register
                                                    dated January 4, 2006.
                                                                                                            material at the FAA, call 425–227–1221.                NPRM Notice of proposed rulemaking
                                                    (j) Other FAA AD Provisions                               Issued in Renton, Washington, on May 18,             § Section
                                                       The following provisions also apply to this          2017.                                                  U.S.C. United States Code
                                                    AD:                                                     Michael Kaszycki,
                                                       (1) Alternative Methods of Compliance                                                                       II. Background, Purpose, and Legal
                                                    (AMOCs): The Manager, International                     Acting Manager, Transport Airplane                     Basis
                                                    Branch, ANM–116, FAA, has the authority to              Directorate, Aircraft Certification Service.
                                                                                                                                                                      On April 09, 2017, the Sylvan Verona
                                                    approve AMOCs for this AD, if requested                 [FR Doc. 2017–11000 Filed 6–8–17; 8:45 am]
                                                                                                                                                                   Beach Resort Association notified the
                                                    using the procedures found in 14 CFR 39.19.             BILLING CODE 4910–13–P
                                                    In accordance with 14 CFR 39.19, send your
                                                                                                                                                                   Coast Guard that it will be conducting
                                                    request to your principal inspector or local                                                                   a water ski show from 12:30 p.m. to 2:30
                                                    Flight Standards District Office, as                                                                           p.m. on August 13, 2017. The water ski
                                                    appropriate. If sending information directly
                                                                                                            DEPARTMENT OF HOMELAND                                 show to take place in the waters of Fish
                                                    to the International Branch, send it to the             SECURITY                                               Creek on the Erie Canal System
                                                    attention of the person identified in                                                                          contained within the following
                                                    paragraph (k)(2) of this AD. Information may            Coast Guard
                                                                                                                                                                   positions: Starting at position
                                                    be emailed to: 9-ANM-116-AMOC-                                                                                 43°11′37.79″ N. and 075°43′53.27″ W.,
                                                    REQUESTS@faa.gov. Before using any                      33 CFR Part 165
                                                                                                                                                                   running Northeast to position
                                                    approved AMOC, notify your appropriate
                                                    principal inspector, or lacking a principal             [Docket Number USCG–2017–0385]                         43°11′43.15″ N. and 075°43′44.88″ W.,
                                                    inspector, the manager of the local flight              RIN 1625–AA00                                          then Southeast to 43°11′42.82″ N. and
                                                    standards district office/certificate holding                                                                  075°43′43.42″ W. then Southwest to
                                                    district office.                                        Safety Zone; Canal Fest Water Ski                      43°11′36.90″ N. and 075°43′52.06″ W.
                                                       (2) Contacting the Manufacturer: For any             Show; Erie Canal System, Fish Creek,                   then returning to the point of origin.
                                                    requirement in this AD to obtain corrective             Sylvan Beach, NY                                       The Captain of the Port Buffalo (COTP)
                                                    actions from a manufacturer, the action must                                                                   has determined that a water ski show on
                                                    be accomplished using a method approved                 AGENCY:   Coast Guard, DHS.                            a navigable waterway will pose a
                                                    by the Manager, International Branch, ANM–
                                                    116, Transport Airplane Directorate, FAA; or            ACTION:   Notice of proposed rulemaking.               significant risk to participants and the
                                                    the European Aviation Safety Agency                                                                            boating public.
                                                    (EASA); or Airbus’s EASA Design
                                                                                                            SUMMARY:    The Coast Guard proposes to                   The purpose of this rulemaking is to
                                                    Organization Approval (DOA). If approved by             establish a temporary safety zone for                  ensure the safety of vessels and the
                                                    the DOA, the approval must include the                  certain waters of the Erie Canal System,               navigable waters within the
                                                    DOA-authorized signature.                               Fish Creek, Sylvan Beach, NY. This                     demonstration area of the scheduled
                                                       (3) Required for Compliance (RC): If any             action is necessary to provide for the
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                                                                                   event. Vessel traffic will be allowed to
                                                    service information contains procedures or              safety of life on these navigable waters               pass through the safety zone between
                                                    tests that are identified as RC, those                  during the Canal Fest Water Ski Show
                                                    procedures and tests must be done to comply
                                                                                                                                                                   demonstrations. The Coast Guard
                                                                                                            on August 13, 2017. This proposed                      proposes this rulemaking under
                                                    with this AD; any procedures or tests that are
                                                    not identified as RC are recommended. Those
                                                                                                            rulemaking would prohibit persons and                  authority in 33 U.S.C. 1231.
                                                    procedures and tests that are not identified            vessels from passing through the safety
                                                                                                            zone during the water ski show unless                  III. Discussion of Proposed Rule
                                                    as RC may be deviated from using accepted
                                                    methods in accordance with the operator’s               authorized by the Captain of the Port                     The COTP proposes to establish a
                                                    maintenance or inspection program without               Buffalo or a designated representative.                safety zone from 12:15 p.m. to 2:30 p.m.


                                               VerDate Sep<11>2014   14:30 Jun 08, 2017   Jkt 241001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\09JNP1.SGM   09JNP1


                                                                               Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Proposed Rules                                            26761

                                                    on August 13, 2017 that would be                        Memorandum titled ‘‘Interim Guidance                   C. Collection of Information
                                                    effective and enforced intermittently.                  Implementing Section 2 of the Executive                  This proposed rule would not call for
                                                    The safety zone will encompass all                      Order of January 30, 2017 titled                       a new collection of information under
                                                    waters of Fish Creek; Sylvan Beach, NY                  ‘Reducing Regulation and Controlling                   the Paperwork Reduction Act of 1995
                                                    contained within the following                          Regulatory Costs’ ’’ (February 2, 2017).               (44 U.S.C. 3501–3520).
                                                    positions: Starting at position                            This regulatory action determination
                                                    43°11′37.79″ N. and 075°43′53.27″ W.,                                                                          D. Federalism and Indian Tribal
                                                                                                            is based on the size, location, duration,
                                                    running Northeast to position                                                                                  Governments
                                                                                                            and time-of-day of the safety zone.
                                                    43°11′43.15″ N. and 075°43′44.88″ W.,                   Vessel traffic would be able to safely                    A rule has implications for federalism
                                                    then Southeast to 43°11′42.82″ N. and                   transit through this safety zone in                    under Executive Order 13132,
                                                    075°43′43.42″ W. then Southwest to                      between water skiing acts which would                  Federalism, if it has a substantial direct
                                                    43°11′36.90″ N. and 075°43′52.06″ W.                    impact a small designated area of Fish                 effect on the States, on the relationship
                                                    then returning to the point of origin.                  Creek for 2.5 hours. Moreover, the Coast               between the national government and
                                                    The duration of the zone is intended to                 Guard would issue a Broadcast Notice to                the States, or on the distribution of
                                                    ensure the safety of vessels and these                  Mariners via VHF–FM marine channel                     power and responsibilities among the
                                                    navigable waters before, during, and                    16 about the zone, and the rule would                  various levels of government. We have
                                                    after the scheduled 12:30 p.m. to 2:30                  allow vessels to seek permission to enter              analyzed this proposed rule under that
                                                    p.m. water skiing event. Vessels will be                the zone.                                              Order and have determined that it is
                                                    permitted to pass through the safety                                                                           consistent with the fundamental
                                                    zone intermittently during the event as                 B. Impact on Small Entities                            federalism principles and preemption
                                                    allowed by the COTP or the on-scene                                                                            requirements described in Executive
                                                    representative. No vessel or person                        The Regulatory Flexibility Act of
                                                                                                                                                                   Order 13132.
                                                    would be permitted to enter the safety                  1980, 5 U.S.C. 601–612, as amended,
                                                                                                                                                                      Also, this proposed rule does not have
                                                    zone without obtaining permission from                  requires Federal agencies to consider                  tribal implications under Executive
                                                    the COTP or a designated                                the potential impact of regulations on                 Order 13175, Consultation and
                                                    representative. The regulatory text we                  small entities during rulemaking. The                  Coordination with Indian Tribal
                                                    are proposing appears at the end of this                term ‘‘small entities’’ comprises small                Governments, because it would not have
                                                    document.                                               businesses, not-for-profit organizations               a substantial direct effect on one or
                                                                                                            that are independently owned and                       more Indian tribes, on the relationship
                                                    IV. Regulatory Analyses                                 operated and are not dominant in their                 between the Federal Government and
                                                      We developed this proposed rule after                 fields, and governmental jurisdictions                 Indian tribes, or on the distribution of
                                                    considering numerous statutes and                       with populations of less than 50,000.                  power and responsibilities between the
                                                    Executive orders related to rulemaking.                 The Coast Guard certifies under 5 U.S.C.               Federal Government and Indian tribes.
                                                    Below we summarize our analyses                         605(b) that this proposed rule would not               If you believe this proposed rule has
                                                    based on a number of these statutes and                 have a significant economic impact on                  implications for federalism or Indian
                                                    Executive orders and we discuss First                   a substantial number of small entities.                tribes, please contact the person listed
                                                    Amendment rights of protestors.                            While some owners or operators of                   in the FOR FURTHER INFORMATION
                                                    A. Regulatory Planning and Review                       vessels intending to transit the safety                CONTACT section.
                                                                                                            zone may be small entities, for the
                                                       Executive Orders 12866 and 13563                                                                            E. Unfunded Mandates Reform Act
                                                                                                            reasons stated in section IV.A above this
                                                    direct agencies to assess the costs and                 proposed rule would not have a                            The Unfunded Mandates Reform Act
                                                    benefits of available regulatory                        significant economic impact on any                     of 1995 (2 U.S.C. 1531–1538) requires
                                                    alternatives and, if regulation is                      vessel owner or operator.                              Federal agencies to assess the effects of
                                                    necessary, to select regulatory                                                                                their discretionary regulatory actions. In
                                                                                                               If you think that your business,
                                                    approaches that maximize net benefits.                                                                         particular, the Act addresses actions
                                                                                                            organization, or governmental
                                                    Executive Order 13563 emphasizes the                                                                           that may result in the expenditure by a
                                                                                                            jurisdiction qualifies as a small entity
                                                    importance of quantifying both costs                                                                           State, local, or tribal government, in the
                                                                                                            and that this rule would have a
                                                    and benefits, of reducing costs, of                                                                            aggregate, or by the private sector of
                                                                                                            significant economic impact on it,
                                                    harmonizing rules, and of promoting                                                                            $100,000,000 (adjusted for inflation) or
                                                                                                            please submit a comment (see
                                                    flexibility.                                                                                                   more in any one year. Though this
                                                                                                            ADDRESSES) explaining why you think it
                                                       Executive Order 13771 (‘‘Reducing                                                                           proposed rule would not result in such
                                                    Regulation and Controlling Regulatory                   qualifies and how and to what degree
                                                                                                                                                                   an expenditure, we do discuss the
                                                    Costs’’), directs agencies to reduce                    this rule would economically affect it.
                                                                                                                                                                   effects of this rule elsewhere in this
                                                    regulation and control regulatory costs                    Under section 213(a) of the Small                   preamble.
                                                    and provides that ‘‘for every one new                   Business Regulatory Enforcement
                                                                                                            Fairness Act of 1996 (Pub. L. 104–121),                F. Environment
                                                    regulation issued, at least two prior
                                                    regulations be identified for elimination,              we want to assist small entities in                      We have analyzed this proposed rule
                                                    and that the cost of planned regulations                understanding this proposed rule. If the               under Department of Homeland
                                                    be prudently managed and controlled                     rule would affect your small business,                 Security Management Directive 023–01
                                                    through a budgeting process.’’                          organization, or governmental                          and Commandant Instruction
                                                       This NPRM has not been designated                    jurisdiction and you have questions                    M16475.lD, which guide the Coast
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    a ‘‘significant regulatory action,’’ under              concerning its provisions or options for               Guard in complying with the National
                                                    Executive Order 12866. Accordingly,                     compliance, please contact the person                  Environmental Policy Act of 1969 (42
                                                    the NPRM has not been reviewed by the                   listed in the FOR FURTHER INFORMATION                  U.S.C. 4321–4370f), and have made a
                                                    Office of Management and Budget.                        CONTACT section. The Coast Guard will                  preliminary determination that this
                                                       As this proposed rule is not a                       not retaliate against small entities that              action is one of a category of actions that
                                                    significant regulatory action, this rule is             question or complain about this                        do not individually or cumulatively
                                                    exempt from the requirements of                         proposed rule or any policy or action of               have a significant effect on the human
                                                    Executive Order 13771. See OMB’s                        the Coast Guard.                                       environment. This proposed rule


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                                                    26762                      Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Proposed Rules

                                                    involves the establishment of a safety                  and can be viewed by following that                    Port Buffalo or his on-scene
                                                    zone for 2.5 hours during intermittent                  Web site’s instructions. Additionally, if              representative may be contacted via
                                                    periods. Normally such actions are                      you go to the online docket and sign up                VHF Channel 16. Vessel operators given
                                                    categorically excluded from further                     for email alerts, you will be notified                 permission to enter or operate in the
                                                    review under section 2.B.2, and Figure                  when comments are posted or a final                    safety zone must comply with all
                                                    2–1, paragraph 34(g) of the Instruction.                rule is published.                                     directions given to them by the Captain
                                                    Paragraph 34(g) pertains to the                                                                                of the Port Buffalo, or his on-scene
                                                    establishing, disestablishing, or                       List of Subjects in 33 CFR Part 165
                                                                                                                                                                   representative.
                                                    changing Regulated Navigation Areas                       Harbors, Marine safety, Navigation
                                                                                                                                                                      Dated: June 5, 2017.
                                                    and security or safety zones. A                         (water), Reporting and record keeping
                                                                                                                                                                   J.S. Dufresne,
                                                    preliminary Record of Environmental                     requirements, Security measures,
                                                    Consideration (REC) supporting this                     Waterways.                                             Captain, U.S. Coast Guard, Captain of the
                                                                                                                                                                   Port Buffalo.
                                                    determination is available in the docket                  For the reasons discussed in the
                                                                                                                                                                   [FR Doc. 2017–11951 Filed 6–8–17; 8:45 am]
                                                    where indicated under the ADDRESSES                     preamble, the Coast Guard proposes to
                                                    section of this preamble. We seek any                                                                          BILLING CODE 9110–04–P
                                                                                                            amend 33 CFR part 165 as follows:
                                                    comments or information that may lead
                                                    to the discovery of a significant                       PART 165—REGULATED NAVIGATION
                                                    environmental impact from this                          AREAS AND LIMITED ACCESS AREAS                         ENVIRONMENTAL PROTECTION
                                                    proposed rule.                                                                                                 AGENCY
                                                                                                            ■ 1. The authority citation for part 165
                                                    G. Protest Activities                                   continues to read as follows:                          40 CFR Part 52
                                                      The Coast Guard respects the First                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            [EPA–R6–OAR–2014–0497; FRL–9962–33–
                                                    Amendment rights of protesters.                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              Region 6]
                                                    Protesters are asked to contact the                     Department of Homeland Security Delegation
                                                    person listed in the FOR FURTHER                        No. 0170.1.                                            Approval and Promulgation of
                                                    INFORMATION CONTACT section to                          ■ 2. Add § 165.T09–0385 to read as                     Implementation Plans; Texas Control
                                                    coordinate protest activities so that your              follows:                                               of Air Pollution From Motor Vehicles
                                                    message can be received without                                                                                With Mobile Source Incentive
                                                    jeopardizing the safety or security of                  § 165.T09–0385 Safety Zone; Canal Fest                 Programs
                                                    people, places, or vessels.                             Water Ski Show, Erie Canal System, Fish
                                                                                                            Creek, Sylvan Beach, NY.                               AGENCY:  Environmental Protection
                                                    V. Public Participation and Request for                   (a) Location. This zone will                         Agency (EPA).
                                                    Comments                                                encompass all waters of Fish Creek;                    ACTION: Proposed rule.
                                                       We view public participation as                      Sylvan Beach, NY contained within the
                                                    essential to effective rulemaking, and                  following positions: Starting at position              SUMMARY:    Pursuant to the Federal Clean
                                                    will consider all comments and material                 43°11′37.79″ N. and 075°43′53.27″ W.,                  Air Act (CAA or the Act), the
                                                    received during the comment period.                     running Northeast to position                          Environmental Protection Agency (EPA)
                                                    Your comment can help shape the                         43°11′43.15″ N. and 075°43′44.88″ W.,                  is proposing to approve revisions to the
                                                    outcome of this rulemaking. If you                      then Southeast to 43°11′42.82″ N. and                  Texas State Implementation Plan (SIP)
                                                    submit a comment, please include the                    075°43′43.42″ W., then Southwest to                    submitted by the State of Texas that
                                                    docket number for this rulemaking,                      43°11′36.90″ N. and 075°43′52.06″ W.,                  pertain to regulations to control air
                                                    indicate the specific section of this                   then returning to the point of origin.                 pollution from motor vehicles with
                                                    document to which each comment                            (b) Enforcement Period. This                         mobile incentive programs.
                                                    applies, and provide a reason for each                  regulation will be enforced                            DATES: Written comments should be
                                                    suggestion or recommendation.                           intermittently on August 13, 2017 from                 received on or before July 10, 2017.
                                                       We encourage you to submit                           12:15 p.m. until 2:45 p.m.                             ADDRESSES: Submit your comments,
                                                    comments through the Federal                              (c) Regulations. (1) In accordance with              identified by Docket No. EPA–R06–
                                                    eRulemaking Portal at http://                           the general regulations in § 165.23 of                 OAR–2014–0497, at http://
                                                    www.regulations.gov. If your material                   this part, entry into, transiting, or                  www.regulations.gov or via email to
                                                    cannot be submitted using http://                       anchoring within this safety zone is                   pitre.randy@epa.gov. For additional
                                                    www.regulations.gov, contact the person                 prohibited unless authorized by the                    information on how to submit
                                                    in the FOR FURTHER INFORMATION                          Captain of the Port Buffalo or his                     comments see the detailed instructions
                                                    CONTACT section of this document for                    designated on-scene representative.                    in the ADDRESSES section of the direct
                                                    alternate instructions.                                   (2) This safety zone is closed to all                final rule located in the rules section of
                                                       We accept anonymous comments. All                    vessel traffic, except as may be                       this Federal Register.
                                                    comments received will be posted                        permitted by the Captain of the Port
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT: Mr.
                                                    without change to http://                               Buffalo or his designated on-scene
                                                                                                                                                                   Randy Pitre, (214) 665–7299,
                                                    www.regulations.gov and will include                    representative.
                                                                                                              (3) The ‘‘on-scene representative’’ of               pitre.randy@epa.gov.
                                                    any personal information you have
                                                    provided. For more about privacy and                    the Captain of the Port Buffalo is any                 SUPPLEMENTARY INFORMATION:      In the
                                                    the docket, you may review a Privacy                    Coast Guard commissioned, warrant or                   final rules section of this Federal
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Act notice regarding the Federal Docket                 petty officer who has been designated                  Register, the EPA is approving the
                                                    Management System in the March 24,                      by the Captain of the Port Buffalo to act              State’s SIP submittal as a direct rule
                                                    2005, issue of the Federal Register (70                 on his behalf.                                         without prior proposal because the
                                                    FR 15086).                                                (4) Vessel operators desiring to enter               Agency views this as noncontroversial
                                                       Documents mentioned in this NPRM                     or operate within the safety zone must                 submittal and anticipates no adverse
                                                    as being available in the docket, and all               contact the Captain of the Port Buffalo                comments. A detailed rationale for the
                                                    public comments, will be in our online                  or his on-scene representative to obtain               approval is set forth in the direct final
                                                    docket at http://www.regulations.gov                    permission to do so. The Captain of the                rule. If no relevant adverse comments


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Document Created: 2017-06-09 01:11:48
Document Modified: 2017-06-09 01:11:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before July 10, 2017.
ContactIf you have questions about this proposed rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716- 843-9322, email [email protected]
FR Citation82 FR 26760 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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