82 FR 30743 - Safety Zone; Canalside's 4th of July Celebration; Buffalo Outer Harbor, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range		30743-30745
FR Document		2017-13978

The Coast Guard is establishing a temporary safety zone on the Buffalo Outer Harbor, Buffalo, NY. This safety zone is intended to restrict vessels from a portion of the Buffalo Outer Harbor during Canalside's 4th of July Celebration fireworks display on July 4, 2017. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)

[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30743-30745]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13978]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0476]
RIN 1625-AA00


Safety Zone; Canalside's 4th of July Celebration; Buffalo Outer 
Harbor, Buffalo, 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 
Buffalo Outer Harbor, Buffalo, NY. This safety zone is intended to 
restrict vessels from a portion of the Buffalo Outer Harbor during 
Canalside's 4th of July Celebration fireworks display on July 4, 2017. 
This temporary safety zone is necessary to protect mariners and vessels 
from the navigational hazards associated with a fireworks display. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port Buffalo.

DATES: This rule is effective from 9:45 p.m. to 10:45 p.m. on July 4, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0476 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 about this 
rulemaking, 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
Pub. L. Public Law
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 maritime fireworks display. Therefore, 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,

[[Page 30744]]

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 4, 2017 from 9:45 p.m. 
to 10:45 p.m. The safety zone will encompass all waters of the Buffalo 
Outer Harbor; Buffalo, NY within a 560-foot radius of position 
42[deg]52'10.75'' N., 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 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 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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

[[Page 30745]]

the human environment. This rule establishes a temporary safety zone. 
It is categorically excluded under section 2.B.2, figure 2-1, paragraph 
34(g) of the Instruction, which pertains to establishment 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.T09-0476 to read as follows:


Sec.  165.T09-0476  Safety Zone; Canalside's 4th of July Celebration, 
Buffalo Outer Harbor, Buffalo, NY.

    (a) Location. This zone will encompass all waters of the Buffalo 
Outer Harbor, Buffalo, NY within a 560-foot radius of position 
42[deg]52'10.76'' N., 078[deg]52'56.01'' W. (NAD 83).
    (b) Enforcement period. This regulation is effective on July 4, 
2017 from 9:45 p.m. until 10:45 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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 28, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-13978 Filed 6-30-17; 8:45 am]
BILLING CODE 9110-04-P

30744 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations

and the marine environment in the impact on the economy, will not small entities that question or complain
navigable waters within the safety zone interfere with other agencies, will not about this rule or any policy or action
while the fireworks show is taking adversely alter the budget of any grant of the Coast Guard.
place. or loan recipients, and will not raise any
C. Collection of Information
novel legal or policy issues. The safety
IV. Discussion of the Rule zone created by this rule will be This rule will not call for a new
This rule establishes a safety zone on relatively small and enforced for a collection of information under the
July 4, 2017 from 9:45 p.m. to 10:45 relatively short time. Also, the safety Paperwork Reduction Act of 1995 (44
p.m. The safety zone will encompass all zone is designed to minimize its impact U.S.C. 3501–3520).
waters of the Buffalo Outer Harbor; on navigable waters. Furthermore, the D. Federalism and Indian Tribal
Buffalo, NY within a 560-foot radius of safety zone has been designed to allow Governments
position 42°52′10.75″ N., 078°52′56.01″ vessels to transit around it. Thus,
W. (NAD 83). restrictions on vessel movement within A rule has implications for federalism
Entry into, transiting, or anchoring that particular area are expected to be under Executive Order 13132,
within the safety zone is prohibited minimal. Under certain conditions, Federalism, if it has a substantial direct
unless authorized by the Captain of the moreover, vessels may still transit effect on the States, on the relationship
Port Buffalo or his designated on-scene through the safety zone when permitted between the national government and
representative. The Captain of the Port by the Captain of the Port. the States, or on the distribution of
or his designated on-scene power and responsibilities among the
representative may be contacted via B. Impact on Small Entities various levels of government. We have
VHF Channel 16. The Regulatory Flexibility Act of analyzed this rule under that Order and
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent
V. Regulatory Analyses requires Federal agencies to consider with the fundamental federalism
We developed this rule after the potential impact of regulations on principles and preemption requirements
considering numerous statutes and small entities during rulemaking. The described in Executive Order 13132.
Executive orders related to rulemaking. term ‘‘small entities’’ comprises small Also, this rule does not have tribal
Below we summarize our analyses businesses, not-for-profit organizations implications under Executive Order
based on a number of these statutes and that are independently owned and 13175, Consultation and Coordination
Executive orders, and we discuss First operated and are not dominant in their with Indian Tribal Governments,
Amendment rights of protestors. fields, and governmental jurisdictions because it does not have a substantial
with populations of less than 50,000. direct effect on one or more Indian
A. Regulatory Planning and Review The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the
Executive Orders 12866 and 13563 605(b) that this rule will not have a Federal Government and Indian tribes,
direct agencies to assess the costs and significant economic impact on a or on the distribution of power and
benefits of available regulatory substantial number of small entities. responsibilities between the Federal
alternatives and, if regulation is While some owners or operators of Government and Indian tribes. If you
necessary, to select regulatory vessels intending to transit the safety believe this rule has implications for
approaches that maximize net benefits. zone may be small entities, for the federalism or Indian tribes, please
Executive Order 13563 emphasizes the reasons stated in section V.A above, this contact the person listed in the FOR
importance of quantifying both costs rule will not have a significant FURTHER INFORMATION CONTACT section
and benefits, of reducing costs, of economic impact on any vessel owner above.
harmonizing rules, and of promoting or operator.
flexibility. Executive Order 13771 Under section 213(a) of the Small E. Unfunded Mandates Reform Act
(‘‘Reducing Regulation and Controlling Business Regulatory Enforcement The Unfunded Mandates Reform Act
Regulatory Costs’’), directs agencies to Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires
reduce regulation and control regulatory we want to assist small entities in Federal agencies to assess the effects of
costs and provides that ‘‘for every one understanding this rule. If the rule their discretionary regulatory actions. In
new regulation issued, at least two prior would affect your small business, particular, the Act addresses actions
regulations be identified for elimination, organization, or governmental that may result in the expenditure by a
and that the cost of planned regulations jurisdiction and you have questions State, local, or tribal government, in the
be prudently managed and controlled concerning its provisions or options for aggregate, or by the private sector of
through a budgeting process.’’ compliance, please contact the person $100,000,000 (adjusted for inflation) or
This rule has not been designated a listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
‘‘significant regulatory action,’’ under CONTACT section. will not result in such an expenditure,
Executive Order 12866. Accordingly, it Small businesses may send comments we do discuss the effects of this rule
has not been reviewed by the Office of on the actions of Federal employees elsewhere in this preamble.
Management and Budget. who enforce, or otherwise determine
As this rule is not a significant compliance with, Federal regulations to F. Environment
regulatory action, this rule is exempt the Small Business and Agriculture We have analyzed this rule under
from the requirements of Executive Regulatory Enforcement Ombudsman Department of Homeland Security
Order 13771. See OMB’s Memorandum and the Regional Small Business Management Directive 023–01 and
titled ‘‘Interim Guidance Implementing Regulatory Fairness Boards. The Commandant Instruction M16475.lD,
sradovich on DSK3GMQ082PROD with RULES

Section 2 of the Executive Order of Ombudsman evaluates these actions which guide the Coast Guard in
January 30, 2017 titled ‘Reducing annually and rates each agency’s complying with the National
Regulation and Controlling Regulatory responsiveness to small business. If you Environmental Policy Act of 1969 (42
Costs’’’ (February 2, 2017). wish to comment on actions by U.S.C. 4321–4370f), and have
We conclude that this rule is not a employees of the Coast Guard, call 1– determined that it is one of a category
significant regulatory action because we 888–REG–FAIR (1–888–734–3247). The of actions that do not individually or
anticipate that it will have minimal Coast Guard will not retaliate against cumulatively have a significant effect on

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Document Created: 2018-11-14 10:19:38
Document Modified: 2018-11-14 10:19:38

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 9:45 p.m. to 10:45 p.m. on July 4, 2017.
Contact		If you have questions about this 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 Citation		82 FR 30743
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 30743 - Safety Zone; Canalside's 4th of July Celebration; Buffalo Outer Harbor, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 126 (July 3, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard