82_FR_30871 82 FR 30745 - Safety Zone; Thunder on the Outer Harbor; Buffalo Outer Harbor, Buffalo, NY

82 FR 30745 - Safety Zone; Thunder on the Outer Harbor; Buffalo Outer Harbor, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range30745-30747
FR Document2017-13977

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 the Thunder on the Outer Harbor boat races. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with high speed boat races.

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017)
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30745-30747]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13977]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0331]
RIN 1625-AA00


Safety Zone; Thunder on the Outer Harbor; Buffalo Outer Harbor, 
Buffalo, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

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 the 
Thunder on the Outer Harbor boat races. This temporary safety zone is 
necessary to protect mariners and vessels from the navigational hazards 
associated with high speed boat races.

DATES: This rule is effective from 9:45 a.m. on July 22, 2017 until 
4:15 p.m. on July 23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0331 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

    On May 11, 2017, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) titled Thunder on the Outer Harbor; Buffalo Outer 
Harbor, Buffalo, NY Sec.  165.T09-0331. There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action 
related to this high speed boat race. The comment period ended June 16, 
2017; we received no comments.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register because doing so would 
be impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection of persons and 
vessels near the event. The event has been publicized in the local 
media and previously in the Federal Register through issuance of the 
NPRM; the public does not need time to make preparations for this rule 
to go into effect.

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 high 
speed boat races present significant risks to public safety and 
property. Such hazards include vessels reaching high speeds in a 
relatively small area and large wake. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the boat races are taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone on June 22 and June 23, 2017, 
from 9:45 a.m. until 4:15 p.m. daily. The safety zone will encompass 
all waters of the Buffalo Outer Harbor, Buffalo, NY starting at 
position 42[deg]52'21'' N. and 078[deg]53'14'' W. then West to 
42[deg]52'15'' N. and 078[deg]53'32'' W. then South to

[[Page 30746]]

42[deg]51'41'' N. and 078[deg]53'02'' W. then East to 42[deg]51'46'' N. 
and 078[deg]52'45'' W. (NAD 83) then returning to the point of origin.
    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. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and is designed to minimize its impact on navigable 
waters. Furthermore, the safety zone has been designed to allow vessels 
to transit around it. In addition, the safety zone will have built in 
times to allow vessels to travel through when races are not being held. 
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.
    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 establishes a 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

[[Page 30747]]

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.T09-0331 to read as follows:


Sec.  165.T09-0331  Safety Zone; Thunder on the Outer Harbor; Buffalo 
Outer Harbor, Buffalo, NY.

    (a) Location. This zone will encompass all waters of the Buffalo 
Outer Harbor, Buffalo, NY encompassed by all waters of the Outer 
Harbor, Buffalo, NY starting at position 42[deg]52'21'' N. and 
078[deg]53'14'' W. then West to 42[deg]52'15'' N. and 078[deg]53'32'' 
W. then South to 42[deg]51'41'' N. and 078[deg]53'02'' W. then East to 
42[deg]51'46'' N. and 078[deg]52'45'' W. (NAD 83) then returning to the 
point of origin.
    (b) Enforcement period. This rule will be enforced from 9:45 a.m. 
until 4:15 p.m. on July 22, 2017, and July 23, 2017.
    (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. 2017-13977 Filed 6-30-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations                                          30745

                                              the human environment. This rule                        Coast Guard commissioned, warrant or                   Guard Sector Buffalo; telephone 716–
                                              establishes a temporary safety zone. It is              petty officer who has been designated                  843–9322, email
                                              categorically excluded under section                    by the Captain of the Port Buffalo to act              SectorBuffaloMarineSafety@uscg.mil.
                                              2.B.2, figure 2–1, paragraph 34(g) of the               on his behalf.                                         SUPPLEMENTARY INFORMATION:
                                              Instruction, which pertains to                            (4) Vessel operators desiring to enter
                                              establishment of safety zones. A Record                 or operate within the safety zone must                 I. Table of Abbreviations
                                              of Environmental Consideration (REC)                    contact the Captain of the Port Buffalo                CFR Code of Federal Regulations
                                              supporting this determination is                        or his on-scene representative to obtain               DHS Department of Homeland Security
                                              available in the docket where indicated                 permission to do so. The Captain of the                FR Federal Register
                                              in the ADDRESSES section of this                        Port Buffalo or his on-scene                           NPRM Notice of proposed rulemaking
                                              preamble.                                               representative may be contacted via                    § Section
                                                                                                                                                             U.S.C. United States Code
                                                                                                      VHF Channel 16. Vessel operators given
                                              G. Protest Activities
                                                                                                      permission to enter or operate in the                  II. Background Information and
                                                The Coast Guard respects the First                    safety zone must comply with all                       Regulatory History
                                              Amendment rights of protesters.                         directions given to them by the Captain
                                              Protesters are asked to contact the                                                                               On May 11, 2017, the Coast Guard
                                                                                                      of the Port Buffalo, or his on-scene
                                              person listed in the FOR FURTHER                                                                               published a Notice of Proposed
                                                                                                      representative.
                                              INFORMATION CONTACT section to
                                                                                                                                                             Rulemaking (NPRM) titled Thunder on
                                                                                                         Dated: June 28, 2017.                               the Outer Harbor; Buffalo Outer Harbor,
                                              coordinate protest activities so that your
                                              message can be received without
                                                                                                      J.S. Dufresne,                                         Buffalo, NY § 165.T09–0331. There we
                                              jeopardizing the safety or security of                  Captain, U.S. Coast Guard, Captain of the              stated why we issued the NPRM, and
                                              people, places or vessels.
                                                                                                      Port Buffalo.                                          invited comments on our proposed
                                                                                                      [FR Doc. 2017–13978 Filed 6–30–17; 8:45 am]            regulatory action related to this high
                                              List of Subjects in 33 CFR Part 165                     BILLING CODE 9110–04–P                                 speed boat race. The comment period
                                                Harbors, Marine safety, Navigation                                                                           ended June 16, 2017; we received no
                                              (water), Reporting and recordkeeping                                                                           comments.
                                              requirements, Security measures,                        DEPARTMENT OF HOMELAND                                    We are issuing this rule, and under 5
                                              Waterways.                                              SECURITY                                               U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                                                                             that good cause exists for making it
                                                For the reasons discussed in the                      Coast Guard                                            effective less than 30 days after
                                              preamble, the Coast Guard amends 33
                                                                                                                                                             publication in the Federal Register
                                              CFR part 165 as follows:                                33 CFR Part 165                                        because doing so would be
                                              PART 165—REGULATED NAVIGATION                           [Docket Number USCG–2017–0331]                         impracticable and contrary to the public
                                              AREAS AND LIMITED ACCESS AREAS                                                                                 interest. Delaying the effective date
                                                                                                      RIN 1625–AA00                                          would be contrary to the rule’s
                                              ■ 1. The authority citation for part 165                                                                       objectives of ensuring safety of life on
                                              continues to read as follows:                           Safety Zone; Thunder on the Outer                      the navigable waters and protection of
                                                                                                      Harbor; Buffalo Outer Harbor, Buffalo,                 persons and vessels near the event. The
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             NY
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      event has been publicized in the local
                                              Department of Homeland Security Delegation              AGENCY:    Coast Guard, DHS.                           media and previously in the Federal
                                              No. 0170.1.                                             ACTION:   Temporary final rule.                        Register through issuance of the NPRM;
                                              ■ 2. Add § 165.T09–0476 to read as                                                                             the public does not need time to make
                                              follows:                                                SUMMARY:   The Coast Guard is                          preparations for this rule to go into
                                                                                                      establishing a temporary safety zone on                effect.
                                              § 165.T09–0476 Safety Zone; Canalside’s                 the Buffalo Outer Harbor, Buffalo, NY.
                                              4th of July Celebration, Buffalo Outer                                                                         III. Legal Authority and Need for Rule
                                                                                                      This safety zone is intended to restrict
                                              Harbor, Buffalo, NY.                                                                                             The Coast Guard is issuing this rule
                                                                                                      vessels from a portion of the Buffalo
                                                (a) Location. This zone will                          Outer Harbor during the Thunder on the                 under authority in 33 U.S.C. 1231. The
                                              encompass all waters of the Buffalo                     Outer Harbor boat races. This temporary                Captain of the Port Buffalo (COTP) has
                                              Outer Harbor, Buffalo, NY within a 560-                 safety zone is necessary to protect                    determined that a high speed boat races
                                              foot radius of position 42°52′10.76″ N.,                mariners and vessels from the                          present significant risks to public safety
                                              078°52′56.01″ W. (NAD 83).                              navigational hazards associated with                   and property. Such hazards include
                                                (b) Enforcement period. This                          high speed boat races.                                 vessels reaching high speeds in a
                                              regulation is effective on July 4, 2017                                                                        relatively small area and large wake.
                                                                                                      DATES: This rule is effective from 9:45
                                              from 9:45 p.m. until 10:45 p.m.                                                                                This rule is needed to protect personnel,
                                                 (c) Regulations. (1) In accordance with              a.m. on July 22, 2017 until 4:15 p.m. on
                                                                                                                                                             vessels, and the marine environment in
                                              the general regulations in § 165.23, entry              July 23, 2017.
                                                                                                                                                             the navigable waters within the safety
                                              into, transiting, or anchoring within this              ADDRESSES: To view documents                           zone while the boat races are taking
                                              safety zone is prohibited unless                        mentioned in this preamble as being                    place.
                                              authorized by the Captain of the Port                   available in the docket, go to http://
                                              Buffalo or his designated on-scene                      www.regulations.gov, type USCG–2017–                   IV. Discussion of the Rule
                                              representative.                                         0331 in the ‘‘SEARCH’’ box and click                     This rule establishes a safety zone on
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                                                 (2) This safety zone is closed to all                ‘‘SEARCH.’’ Click on Open Docket                       June 22 and June 23, 2017, from 9:45
                                              vessel traffic, except as may be                        Folder on the line associated with this                a.m. until 4:15 p.m. daily. The safety
                                              permitted by the Captain of the Port                    rule.                                                  zone will encompass all waters of the
                                              Buffalo or his designated on-scene                      FOR FURTHER INFORMATION CONTACT: If                    Buffalo Outer Harbor, Buffalo, NY
                                              representative.                                         you have questions on this rule, call or               starting at position 42°52′21″ N. and
                                                 (3) The ‘‘on-scene representative’’ of               email LT Michael Collet, Chief of                      078°53′14″ W. then West to 42°52′15″ N.
                                              the Captain of the Port Buffalo is any                  Waterways Management, U.S. Coast                       and 078°53′32″ W. then South to


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                                              30746                Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations

                                              42°51′41″ N. and 078°53′02″ W. then                     term ‘‘small entities’’ comprises small                D. Federalism and Indian Tribal
                                              East to 42°51′46’’ N. and 078°52′45″ W.                 businesses, not-for-profit organizations               Governments
                                              (NAD 83) then returning to the point of                 that are independently owned and                          A rule has implications for federalism
                                              origin.                                                 operated and are not dominant in their                 under Executive Order 13132,
                                                Entry into, transiting, or anchoring                  fields, and governmental jurisdictions                 Federalism, if it has a substantial direct
                                              within the safety zone is prohibited                    with populations of less than 50,000.                  effect on the States, on the relationship
                                              unless authorized by the Captain of the                 The Coast Guard certifies under 5 U.S.C.               between the national government and
                                              Port Buffalo or his designated on-scene                 605(b) that this rule will not have a                  the States, or on the distribution of
                                              representative. The Captain of the Port                 significant economic impact on a                       power and responsibilities among the
                                              or his designated on-scene                              substantial number of small entities.                  various levels of government. We have
                                              representative may be contacted via
                                                                                                         While some owners or operators of                   analyzed this rule under that Order and
                                              VHF Channel 16.
                                                                                                      vessels intending to transit the safety                have determined that it is consistent
                                              V. Regulatory Analyses                                  zone may be small entities, for the                    with the fundamental federalism
                                                We developed this rule after                          reasons stated in section V.A above, this              principles and preemption requirements
                                              considering numerous statutes and                       rule will not have a significant                       described in Executive Order 13132.
                                              Executive Orders related to rulemaking.                 economic impact on any vessel owner                       Also, this rule does not have tribal
                                              Below we summarize our analyses                         or operator.                                           implications under Executive Order
                                              based on a number of these statutes and                                                                        13175, Consultation and Coordination
                                                                                                         Under section 213(a) of the Small                   with Indian Tribal Governments,
                                              Executive Orders, and we discuss First                  Business Regulatory Enforcement
                                              Amendment rights of protestors.                                                                                because it does not have a substantial
                                                                                                      Fairness Act of 1996 (Pub. L. 104–121),                direct effect on one or more Indian
                                              A. Regulatory Planning and Review                       we want to assist small entities in                    tribes, on the relationship between the
                                                 Executive Orders 12866 and 13563                     understanding this rule. If the rule                   Federal Government and Indian tribes,
                                              direct agencies to assess the costs and                 would affect your small business,                      or on the distribution of power and
                                              benefits of available regulatory                        organization, or governmental                          responsibilities between the Federal
                                              alternatives and, if regulation is                      jurisdiction and you have questions                    Government and Indian tribes. If you
                                              necessary, to select regulatory                         concerning its provisions or options for               believe this rule has implications for
                                              approaches that maximize net benefits.                  compliance, please contact the person                  federalism or Indian tribes, please
                                              Executive Order 13563 emphasizes the                    listed in the FOR FURTHER INFORMATION                  contact the person listed in the FOR
                                              importance of quantifying both costs                    CONTACT section.                                       FURTHER INFORMATION CONTACT section
                                              and benefits, of reducing costs, of                        Under section 213(a) of the Small                   above.
                                              harmonizing rules, and of promoting                     Business Regulatory Enforcement                        E. Unfunded Mandates Reform Act
                                              flexibility. This rule has not been                     Fairness Act of 1996 (Pub. L. 104–121),
                                              designated a ‘‘significant regulatory                                                                            The Unfunded Mandates Reform Act
                                                                                                      we want to assist small entities in
                                              action,’’ under Executive Order 12866.                                                                         of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                      understanding this rule. If the rule                   Federal agencies to assess the effects of
                                              Accordingly, it has not been reviewed                   would affect your small business,
                                              by the Office of Management and                                                                                their discretionary regulatory actions. In
                                                                                                      organization, or governmental                          particular, the Act addresses actions
                                              Budget.
                                                 We conclude that this rule is not a                  jurisdiction and you have questions                    that may result in the expenditure by a
                                              significant regulatory action because we                concerning its provisions or options for               State, local, or tribal government, in the
                                              anticipate that it will have minimal                    compliance, please contact the person                  aggregate, or by the private sector of
                                              impact on the economy, will not                         listed in the FOR FURTHER INFORMATION                  $100,000,000 (adjusted for inflation) or
                                              interfere with other agencies, will not                 CONTACT section.                                       more in any one year. Though this rule
                                              adversely alter the budget of any grant                    Small businesses may send comments                  will not result in such an expenditure,
                                              or loan recipients, and will not raise any              on the actions of Federal employees                    we do discuss the effects of this rule
                                              novel legal or policy issues. The safety                who enforce, or otherwise determine                    elsewhere in this preamble.
                                              zone created by this rule will be                       compliance with, Federal regulations to                F. Environment
                                              relatively small and is designed to                     the Small Business and Agriculture
                                              minimize its impact on navigable                        Regulatory Enforcement Ombudsman                         We have analyzed this rule under
                                              waters. Furthermore, the safety zone has                and the Regional Small Business                        Department of Homeland Security
                                              been designed to allow vessels to transit               Regulatory Fairness Boards. The                        Management Directive 023–01 and
                                              around it. In addition, the safety zone                 Ombudsman evaluates these actions                      Commandant Instruction M16475.lD,
                                              will have built in times to allow vessels                                                                      which guide the Coast Guard in
                                                                                                      annually and rates each agency’s
                                              to travel through when races are not                                                                           complying with the National
                                                                                                      responsiveness to small business. If you
                                              being held. Thus, restrictions on vessel                                                                       Environmental Policy Act of 1969 (42
                                                                                                      wish to comment on actions by
                                              movement within that particular area                                                                           U.S.C. 4321–4370f), and have
                                                                                                      employees of the Coast Guard, call
                                              are expected to be minimal. Under                                                                              determined that it is one of a category
                                                                                                      1–888–REG–FAIR (1–888–734–3247).                       of actions that do not individually or
                                              certain conditions, moreover, vessels                   The Coast Guard will not retaliate
                                              may still transit through the safety zone                                                                      cumulatively have a significant effect on
                                                                                                      against small entities that question or                the human environment. This rule
                                              when permitted by the Captain of the                    complain about this rule or any policy
                                              Port.                                                                                                          establishes a safety zone. It is
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                                                                                                      or action of the Coast Guard.                          categorically excluded under section
                                              B. Impact on Small Entities                                                                                    2.B.2, figure 2–1, paragraph 34(g) of the
                                                                                                      C. Collection of Information
                                                The Regulatory Flexibility Act of                                                                            Instruction, which pertains to
                                              1980, 5 U.S.C. 601–612, as amended,                       This rule will not call for a new                    establishment of safety zones. A Record
                                              requires Federal agencies to consider                   collection of information under the                    of Environmental Consideration (REC)
                                              the potential impact of regulations on                  Paperwork Reduction Act of 1995 (44                    supporting this determination is
                                              small entities during rulemaking. The                   U.S.C. 3501–3520).                                     available in the docket where indicated


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                                                                   Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations                                              30747

                                              in the ADDRESSES section of this                          (4) Vessel operators desiring to enter               Do not submit electronically any
                                              preamble.                                               or operate within the safety zone must                 information you consider to be
                                                                                                      contact the Captain of the Port Buffalo                Confidential Business Information (CBI)
                                              G. Protest Activities
                                                                                                      or his on-scene representative to obtain               or other information whose disclosure is
                                                The Coast Guard respects the First                    permission to do so. The Captain of the                restricted by statute. Multimedia
                                              Amendment rights of protesters.                         Port Buffalo or his on-scene                           submissions (audio, video, etc.) must be
                                              Protesters are asked to contact the                     representative may be contacted via                    accompanied by a written comment.
                                              person listed in the FOR FURTHER                        VHF Channel 16. Vessel operators given                 The written comment is considered the
                                              INFORMATION CONTACT section to                          permission to enter or operate in the                  official comment and should include
                                              coordinate protest activities so that your              safety zone must comply with all                       discussion of all points you wish to
                                              message can be received without                         directions given to them by the Captain                make. The EPA will generally not
                                              jeopardizing the safety or security of                  of the Port Buffalo, or his on-scene                   consider comments or comment
                                              people, places or vessels.                              representative.                                        contents located outside of the primary
                                              List of Subjects in 33 CFR Part 165                        Dated: June 28, 2017.                               submission (i.e., on the Web, cloud, or
                                                                                                      J.S. Dufresne,
                                                                                                                                                             other file sharing system). For
                                                Harbors, Marine safety, Navigation
                                                                                                                                                             additional submission methods, please
                                              (water), Reporting and recordkeeping                    Captain, U.S. Coast Guard, Captain of the
                                                                                                      Port Buffalo.
                                                                                                                                                             contact the person identified in the FOR
                                              requirements, Security measures,
                                                                                                                                                             FURTHER INFORMATION CONTACT section.
                                              Waterways.                                              [FR Doc. 2017–13977 Filed 6–30–17; 8:45 am]
                                                                                                                                                             For the full EPA public comment policy,
                                                For the reasons discussed in the                      BILLING CODE 9110–04–P
                                                                                                                                                             information about CBI or multimedia
                                              preamble, the Coast Guard amends 33                                                                            submissions, and general guidance on
                                              CFR part 165 as follows:                                                                                       making effective comments, please visit
                                                                                                      ENVIRONMENTAL PROTECTION                               https://www.epa.gov/dockets/
                                              PART 165–REGULATED NAVIGATION                           AGENCY
                                              AREAS AND LIMITED ACCESS AREAS                                                                                 commenting-epa-dockets.
                                                                                                      40 CFR Part 52                                         FOR FURTHER INFORMATION CONTACT:
                                              ■ 1. The authority citation for part 165                                                                       David L. Mackintosh, Air Quality
                                              continues to read as follows:                           [EPA–R01–OAR–2017–0025; FRL–9964–26–                   Planning Unit, U.S. Environmental
                                                                                                      Region 1]                                              Protection Agency, EPA New England
                                                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;                                                                      Regional Office, 5 Post Office Square—
                                                                                                      Air Plan Approval; Rhode Island;
                                              Department of Homeland Security Delegation                                                                     Suite 100, (Mail code OEP05–2), Boston,
                                              No. 0170.1.                                             Reasonably Available Control
                                                                                                                                                             MA 02109–3912, tel. 617–918–1584,
                                                                                                      Technology for US Watercraft, LLC
                                              ■ 2. Add § 165.T09–0331 to read as                                                                             email Mackintosh.David@epa.gov.
                                              follows:                                                AGENCY: Environmental Protection                       SUPPLEMENTARY INFORMATION:
                                                                                                      Agency (EPA).                                          Throughout this document whenever
                                              § 165.T09–0331 Safety Zone; Thunder on                                                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                      ACTION: Direct final rule.
                                              the Outer Harbor; Buffalo Outer Harbor,
                                              Buffalo, NY.
                                                                                                                                                             EPA.
                                                                                                      SUMMARY:   The Environmental Protection
                                                (a) Location. This zone will                          Agency (EPA) is approving a State                      Table of Contents
                                              encompass all waters of the Buffalo                     Implementation Plan (SIP) revision                     I. Background and Purpose
                                              Outer Harbor, Buffalo, NY encompassed                   submitted by the State of Rhode Island.                II. Description and Evaluation of the State’s
                                              by all waters of the Outer Harbor,                      The revision consists of a reasonably                        Submittal
                                              Buffalo, NY starting at position                        available control technology (RACT)                    III. Final Action
                                              42°52′21″ N. and 078°53′14″ W. then                     approval for a volatile organic                        IV. Incorporation by Reference
                                              West to 42°52′15″ N. and 078°53′32″ W.                  compound (VOC) emission source in                      V. Statutory and Executive Order Reviews
                                              then South to 42°51′41″ N. and                          Rhode Island, specifically, US                         I. Background and Purpose
                                              078°53′02″ W. then East to 42°51′46″ N.                 Watercraft, LLC. This action is being
                                              and 078°52′45″ W. (NAD 83) then                                                                                   Section 184(b) of the CAA requires
                                                                                                      taken in accordance with the Clean Air                 Rhode Island to implement RACT for all
                                              returning to the point of origin.                       Act.
                                                (b) Enforcement period. This rule will                                                                       major sources of VOCs and all sources
                                                                                                      DATES: This direct final rule will be                  covered by a Control Techniques
                                              be enforced from 9:45 a.m. until 4:15
                                                                                                      effective September 1, 2017, unless EPA                Guideline (CTG). The Rhode Island
                                              p.m. on July 22, 2017, and July 23, 2017.
                                                (c) Regulations. (1) In accordance with               receives adverse comments by August 2,                 Department of Environmental
                                              the general regulations in § 165.23, entry              2017. If adverse comments are received,                Management (RI DEM) submitted RACT
                                              into, transiting, or anchoring within this              EPA will publish a timely withdrawal of                Approval File No. 01–05–AP as a SIP
                                              safety zone is prohibited unless                        the direct final rule in the Federal                   revision for incorporation into the
                                              authorized by the Captain of the Port                   Register informing the public that the                 Rhode Island SIP. RACT Approval File
                                              Buffalo or his designated on-scene                      rule will not take effect.                             No. 01–05–AP was originally issued to
                                              representative.                                         ADDRESSES: Submit your comments,                       TPI Composites Incorporated (currently
                                                (2) This safety zone is closed to all                 identified by Docket ID No. EPA–R01–                   owned and operated by US Watercraft,
                                              vessel traffic, except as may be                        OAR–2017–0025 at https://                              LLC) in Warren, Rhode Island. The
                                              permitted by the Captain of the Port                    www.regulations.gov, or via email to                   RACT Approval was received by EPA
                                              Buffalo or his designated on-scene                      Mackintosh.David@epa.gov. For                          on August 8, 2003, and amended shortly
sradovich on DSK3GMQ082PROD with RULES




                                              representative.                                         comments submitted at Regulations.gov,                 thereafter. The amendment was received
                                                (3) The ‘‘on-scene representative’’ of                follow the online instructions for                     by EPA on February 20, 2004.
                                              the Captain of the Port Buffalo is any                  submitting comments. Once submitted,
                                              Coast Guard commissioned, warrant or                    comments cannot be edited or removed                   II. Description and Evaluation of the
                                              petty officer who has been designated                   from Regulations.gov. For either manner                State’s Submittal
                                              by the Captain of the Port Buffalo to act               of submission, the EPA may publish any                    US Watercraft, LLC is located at 373
                                              on his behalf.                                          comment received to its public docket.                 Market Street, Warren, Rhode Island,


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Document Created: 2018-11-14 10:19:51
Document Modified: 2018-11-14 10:19:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9:45 a.m. on July 22, 2017 until 4:15 p.m. on July 23, 2017.
ContactIf you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected]
FR Citation82 FR 30745 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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