82 FR 29238 - Safety Zone; City of Oswego Independence Day Celebration; Lake Ontario, Oswego, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 123 (June 28, 2017)

Page Range		29238-29239
FR Document		2017-13454

The Coast Guard is establishing a temporary safety zone on the Lake Ontario, Oswego, NY. This safety zone is intended to restrict vessels from a portion of Lake Ontario during the Independence Day Celebration 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 123 (Wednesday, June 28, 2017)

[Federal Register Volume 82, Number 123 (Wednesday, June 28, 2017)]
[Rules and Regulations]
[Pages 29238-29239]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13454]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0324]
RIN 1625-AA00


Safety Zone; City of Oswego Independence Day Celebration; Lake 
Ontario, Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Lake Ontario, Oswego, NY. This safety zone is intended to restrict 
vessels from a portion of Lake Ontario during the Independence Day 
Celebration 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 9:30 p.m. until 10:15 p.m. on July 
2, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0324 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 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 fireworks show. For the same reason, under 5 
U.S.C. 553(d)(3), the Coast Guard also 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 July 2, 2017 from 9:30 p.m. 
until 10:15 p.m. The safety zone will encompass all waters of Lake 
Ontario, Oswego, NY contained within a 350-foot radius of position 
43[deg]27'56.82'' N. and 076[deg]30'59.02'' 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. 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. 
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.

[[Page 29239]]

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 forty-five minutes 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 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 involves the establishment of a safety zone and, therefore it is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. 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 record 
keeping 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.T09-0324 to read as follows:


Sec.  165.T09-0324  Safety Zone; City of Oswego Independence Day 
Celebration; Lake Ontario, Oswego, NY.

    (a) Location. This zone will encompass all waters of Lake Ontario, 
Oswego, NY contained within a 350-foot radius of position 
43[deg]27'56.82'' N. and 076[deg]30'59.02'' W. (NAD 83).
    (b) Enforcement Period. This rule is effective on July 2, 2017 from 
9:30 p.m. until 10:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: June 21, 2017.
J.S. DuFresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-13454 Filed 6-27-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 123 / Wednesday, June 28, 2017 / Rules and Regulations 29239

605(b) that this rule will not have a Also, this rule does not have tribal List of Subjects in 33 CFR Part 165
significant economic impact on a implications under Executive Order Harbors, Marine safety, Navigation
substantial number of small entities. 13175, Consultation and Coordination (water), Reporting and record keeping
This safety zone will not have a with Indian Tribal Governments, requirements, Security measures,
significant economic impact on a because it does not have a substantial Waterways.
substantial number of small entities for direct effect on one or more Indian For the reasons discussed in the
the following reasons: This safety zone tribes, on the relationship between the preamble, the Coast Guard amends 33
would be effective, and thus subject to Federal Government and Indian tribes, CFR part 165 as follows:
enforcement for only forty-five minutes or on the distribution of power and
late in the evening. Traffic may be responsibilities between the Federal PART 165—REGULATED NAVIGATION
allowed to pass through the zone with AREAS AND LIMITED ACCESS AREAS
Government and Indian tribes. If you
the permission of the Captain of the
believe this rule has implications for
Port. The Captain of the Port can be ■ 1. The authority citation for part 165
reached via VHF channel 16. Before the federalism or Indian tribes, please
continues to read as follows:
enforcement of the zone, we would contact the person listed in the FOR
FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
issue local Broadcast Notice to 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Mariners. above.
Department of Homeland Security Delegation
Under section 213(a) of the Small E. Unfunded Mandates Reform Act No. 0170.1.
Business Regulatory Enforcement ■ 2. Add § 165.T09–0324 to read as
Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act follows:
we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires
understanding this rule. If the rule Federal agencies to assess the effects of § 165.T09–0324 Safety Zone; City of
would affect your small business, Oswego Independence Day Celebration;
their discretionary regulatory actions. In Lake Ontario, Oswego, NY.
organization, or governmental particular, the Act addresses actions
jurisdiction and you have questions (a) Location. This zone will
that may result in the expenditure by a
concerning its provisions or options for encompass all waters of Lake Ontario,
State, local, or tribal government, in the
compliance, please contact the person Oswego, NY contained within a 350-foot
aggregate, or by the private sector of radius of position 43°27′56.82″ N. and
listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or
CONTACT section. 076°30′59.02″ W. (NAD 83).
more in any one year. Though this rule (b) Enforcement Period. This rule is
Small businesses may send comments will not result in such an expenditure,
on the actions of Federal employees effective on July 2, 2017 from 9:30 p.m.
we do discuss the effects of this rule until 10:15 p.m.
who enforce, or otherwise determine elsewhere in this preamble.
compliance with, Federal regulations to (c) Regulations. (1) In accordance with
the Small Business and Agriculture F. Environment the general regulations in § 165.23 of
this part, entry into, transiting, or
Regulatory Enforcement Ombudsman
We have analyzed this rule under anchoring within this safety zone is
and the Regional Small Business
Department of Homeland Security prohibited unless authorized by the
Regulatory Fairness Boards. The
Management Directive 023–01 and Captain of the Port Buffalo or his
Ombudsman evaluates these actions
Commandant Instruction M16475.lD, designated on-scene representative.
annually and rates each agency’s (2) This safety zone is closed to all
responsiveness to small business. If you which guide the Coast Guard in
complying with the National vessel traffic, except as may be
wish to comment on actions by permitted by the Captain of the Port
employees of the Coast Guard, call 1– Environmental Policy Act of 1969 (42
Buffalo or his designated on-scene
888–REG–FAIR (1–888–734–3247). The U.S.C. 4321–4370f), and have
representative.
Coast Guard will not retaliate against determined that it is one of a category (3) The ‘‘on-scene representative’’ of
small entities that question or complain of actions that do not individually or the Captain of the Port Buffalo is any
about this rule or any policy or action cumulatively have a significant effect on Coast Guard commissioned, warrant or
of the Coast Guard. the human environment. This rule petty officer who has been designated
involves the establishment of a safety by the Captain of the Port Buffalo to act
C. Collection of Information
zone and, therefore it is categorically on his behalf.
This rule will not call for a new excluded from further review under (4) Vessel operators desiring to enter
collection of information under the paragraph 34(g) of Figure 2–1 of the or operate within the safety zone must
Paperwork Reduction Act of 1995 (44 Commandant Instruction. A Record of contact the Captain of the Port Buffalo
U.S.C. 3501–3520). Environmental Consideration (REC) or his on-scene representative to obtain
D. Federalism and Indian Tribal supporting this determination is permission to do so. The Captain of the
Governments available in the docket where indicated Port Buffalo or his on-scene
in the ADDRESSES section of this representative may be contacted via
A rule has implications for federalism
preamble. VHF Channel 16. Vessel operators given
under Executive Order 13132,
permission to enter or operate in the
Federalism, if it has a substantial direct G. Protest Activities safety zone must comply with all
effect on the States, on the relationship
The Coast Guard respects the First directions given to them by the Captain
between the national government and
Amendment rights of protesters. of the Port Buffalo, or his on-scene
the States, or on the distribution of
Protesters are asked to contact the representative.
power and responsibilities among the
rmajette on DSK2TPTVN1PROD with RULES

various levels of government. We have person listed in the FOR FURTHER Dated: June 21, 2017.
analyzed this rule under that Order and INFORMATION CONTACT section to J.S. DuFresne,
have determined that it is consistent coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the
with the fundamental federalism message can be received without Port Buffalo.
principles and preemption requirements jeopardizing the safety or security of [FR Doc. 2017–13454 Filed 6–27–17; 8:45 am]
described in Executive Order 13132. people, places or vessels. BILLING CODE 9110–04–P

VerDate Sep<11>2014 14:36 Jun 27, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\28JNR1.SGM 28JNR1

Document Created: 2017-06-28 01:10:16
Document Modified: 2017-06-28 01:10:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 9:30 p.m. until 10:15 p.m. on July 2, 2017.
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]
FR Citation		82 FR 29238
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

82 FR 29238 - Safety Zone; City of Oswego Independence Day Celebration; Lake Ontario, Oswego, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 123 (June 28, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard