82_FR_31383 82 FR 31255 - Safety Zone; Oswego Harborfest 2017 Breakwall Fireworks Display; Oswego Harbor, Oswego, NY

82 FR 31255 - Safety Zone; Oswego Harborfest 2017 Breakwall Fireworks Display; Oswego Harbor, Oswego, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 128 (July 6, 2017)

Page Range31255-31257
FR Document2017-14150

The Coast Guard is establishing a temporary safety zone on Oswego Harbor, Oswego, NY. This safety zone is intended to restrict vessels from a portion of the Oswego Harbor during the Oswego Harborfest 2017 Breakwall 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 128 (Thursday, July 6, 2017)
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31255-31257]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14150]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0345]
RIN 1625-AA00


Safety Zone; Oswego Harborfest 2017 Breakwall Fireworks Display; 
Oswego Harbor, Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Oswego Harbor, Oswego, NY. This safety zone is intended to restrict 
vessels from a portion of the Oswego Harbor during the Oswego 
Harborfest 2017 Breakwall 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 9:15 p.m. on July 27, 2017, until 
10:45 p.m. July 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0345 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 maritime fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest. Delaying the

[[Page 31256]]

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.

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 27, 2017, or in the 
event of inclement weather July 28, 2017, from 9:15 p.m. until 10:45 
p.m. The safety zone will encompass all waters of the Oswego Harbor, 
Oswego, NY contained within a 350-foot radius of the breakwall between 
positions 43[deg]27'54'' N., 076[deg]31'24'' W. then northeast to 
43[deg]27'59'' N., 076[deg]31'12'' 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. 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 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.
    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,

[[Page 31257]]

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 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.T09-0345 to read as follows:


Sec.  165.T09-0345  Safety Zone; Oswego Harborfest 2017 Breakwall 
Fireworks Display; Oswego Harbor, Oswego, NY.

    (a) Location. This zone will encompass all waters of the Oswego 
Harbor, Oswego, NY contained within a 350-foot radius of the breakwall 
between positions 43[deg]27'54'' N., 076[deg]31'24'' W. then northeast 
to 43[deg]27'59'' N., 076[deg]31'12'' W. (NAD 83).
    (b) Enforcement period. This rule will be enforced from 9:15 p.m. 
until 10:45 p.m. on July 27, 2017, or in the event of inclement 
weather, on July 28, 2017, from 9:15 p.m. until 10:45 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into, transiting, or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: June 26, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14150 Filed 7-5-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                    Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations                                          31255

                                                  Dated: June 30, 2017.                                  Hodges) Bridge to require vessels                     temporary safety zone is necessary to
                                                C.J. Bisignano,                                          seeking an opening of the draw to                     protect mariners and vessels from the
                                                Supervisory Bridge Management Specialist,                submit a minimum of two hours of                      navigational hazards associated with a
                                                First Coast Guard District.                              advance notice on weekdays (Monday                    fireworks display.
                                                [FR Doc. 2017–14171 Filed 7–5–17; 8:45 am]               through Friday) between the hours of 8                DATES: This rule is effective from 9:15
                                                BILLING CODE 9110–04–P                                   a.m. and 4 p.m. from July 1, 2017 to                  p.m. on July 27, 2017, until 10:45 p.m.
                                                                                                         December 22, 2017.                                    July 28, 2017.
                                                                                                            The waterway is transited by seasonal              ADDRESSES: To view documents
                                                DEPARTMENT OF HOMELAND                                   recreational traffic as well as                       mentioned in this preamble as being
                                                SECURITY                                                 commercial vessels, largely tug and                   available in the docket, go to http://
                                                                                                         barge combinations. The 55 foot vertical              www.regulations.gov, type USCG–2017–
                                                Coast Guard                                              clearance while the bridge is in the                  0345 in the ‘‘SEARCH’’ box and click
                                                                                                         closed position offers the bulk of                    ‘‘SEARCH.’’ Click on Open Docket
                                                33 CFR Part 117                                          commercial traffic sufficient room to                 Folder on the line associated with this
                                                [Docket No. USCG–2017–0595]                              transit under the bridge in the closed                rule.
                                                                                                         position. Vessels that can pass under the             FOR FURTHER INFORMATION CONTACT: If
                                                Drawbridge Operation Regulation;                         bridge without an opening may do so at                you have questions on this rule, call or
                                                Jamaica Bay, Queens, NY                                  all times. The bridge will be able to                 email LT Michael Collet, Chief of
                                                                                                         open for emergencies. There is no                     Waterways Management, U.S. Coast
                                                AGENCY: Coast Guard, DHS.
                                                                                                         immediate alternate route for vessels                 Guard Sector Buffalo; telephone 716–
                                                ACTION:Notice of deviation from                          unable to pass through the bridge when
                                                drawbridge regulation.                                                                                         843–9322, email
                                                                                                         in the closed position.                               SectorBuffaloMarineSafety@uscg.mil.
                                                SUMMARY:   The Coast Guard has issued a                     The Coast Guard will also inform the               SUPPLEMENTARY INFORMATION:
                                                temporary deviation from the operating                   users of the waterways through our
                                                schedule that governs the Marine                         Local and Broadcast Notices to Mariners               I. Table of Abbreviations
                                                Parkway (Gil Hodges) Bridge across                       of the change in operating schedule for               CFR Code of Federal Regulations
                                                Rockaway Inlet, mile 3.0, at Queens,                     the bridge so that vessel operators can               DHS Department of Homeland Security
                                                NY. This deviation is necessary to                       arrange their transits to minimize any                FR Federal Register
                                                complete bridge maintenance and                          impact caused by this temporary                       NPRM Notice of proposed rulemaking
                                                                                                         deviation.                                            § Section
                                                repairs. This deviation allows the bridge
                                                                                                            In accordance with 33 CFR 117.35(e),               U.S.C. United States Code
                                                to remain in the closed position.
                                                DATES: This deviation is effective                       the drawbridge must return to its regular             II. Background Information and
                                                without actual notice from July 6, 2017                  operating schedule immediately at the                 Regulatory History
                                                through 4 p.m. on December 22, 2017.                     end of the effective period of this
                                                                                                                                                                  The Coast Guard is issuing this
                                                For the purposes of enforcement, actual                  temporary deviation. This deviation
                                                                                                                                                               temporary rule without prior notice and
                                                notice will be used from 8 a.m. on July                  from the operating regulations is
                                                                                                                                                               opportunity to comment pursuant to
                                                1, 2017 until July 6, 2017.                              authorized under 33 CFR 117.35.                       authority under section 4(a) of the
                                                ADDRESSES: The docket for this                             Dated: June 29, 2017.                               Administrative Procedure Act (APA) (5
                                                deviation, USCG–2017–0595 is available                   C.J. Bisignano,                                       U.S.C. 553(b)). This provision
                                                at http://www.regulations.gov. Type the                  Supervisory Bridge Management Specialist,             authorizes an agency to issue a rule
                                                docket number in the ‘‘SEARCH’’ box                      First Coast Guard District.                           without prior notice and opportunity to
                                                and click ‘‘SEARCH’’. Click on Open                      [FR Doc. 2017–14103 Filed 7–5–17; 8:45 am]            comment when the agency for good
                                                Docket Folder on the line associated                     BILLING CODE 9110–04–P                                cause finds that those procedures are
                                                with this deviation.                                                                                           ‘‘impracticable, unnecessary, or contrary
                                                FOR FURTHER INFORMATION CONTACT: If                                                                            to the public interest.’’ Under 5 U.S.C.
                                                you have questions on this temporary                     DEPARTMENT OF HOMELAND                                553(b)(B), the Coast Guard finds that
                                                deviation, call or email James M. Moore,                 SECURITY                                              good cause exists for not publishing a
                                                Bridge Management Specialist, First                                                                            notice of proposed rulemaking (NPRM)
                                                District Bridge Branch, U.S. Coast                       Coast Guard                                           with respect to this rule because doing
                                                Guard; telephone 212–514–4334, email                                                                           so would be impracticable. The final
                                                james.m.moore2@uscg.mil.                                 33 CFR Part 165                                       details of this event were not known to
                                                SUPPLEMENTARY INFORMATION: The owner                     [Docket Number USCG–2017–0345]                        the Coast Guard until there was
                                                of the bridge, the Metropolitan                                                                                insufficient time remaining before the
                                                Transportation Authority, requested a                    RIN 1625–AA00                                         event to publish an NPRM. Thus,
                                                temporary deviation in order to                                                                                delaying the effective date of this rule to
                                                                                                         Safety Zone; Oswego Harborfest 2017
                                                complete rehabilitation work associated                                                                        wait for a comment period to run would
                                                                                                         Breakwall Fireworks Display; Oswego
                                                with the replacement of lift span                                                                              be impracticable because it would
                                                                                                         Harbor, Oswego, NY
                                                machinery. The Marine Parkway (Gil                                                                             inhibit the Coast Guard’s ability to
                                                Hodges) Bridge across Rockaway Inlet,                    AGENCY:    Coast Guard, DHS.                          protect mariners and vessels from the
                                                mile 3.0 at Queens, New York has a                       ACTION:   Temporary final rule.                       hazards associated with a maritime
                                                vertical clearance of 55 feet at mean                                                                          fireworks display.
jstallworth on DSK7TPTVN1PROD with RULES




                                                high water and 59 feet at mean low                       SUMMARY:   The Coast Guard is                            Under 5 U.S.C. 553(d)(3), the Coast
                                                water in the closed position. The                        establishing a temporary safety zone on               Guard finds that good cause exists for
                                                existing drawbridge operating                            Oswego Harbor, Oswego, NY. This                       making this temporary rule effective less
                                                regulations are listed at 33 CFR                         safety zone is intended to restrict                   than 30 days after publication in the
                                                117.795(a).                                              vessels from a portion of the Oswego                  Federal Register because doing so
                                                   The temporary deviation will allow                    Harbor during the Oswego Harborfest                   would be impracticable and contrary to
                                                the owner of the Marine Parkway (Gil                     2017 Breakwall Fireworks Display. This                the public interest. Delaying the


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                                                31256               Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations

                                                effective date would be contrary to the                    We conclude that this rule is not a                   Small businesses may send comments
                                                rule’s objectives of ensuring safety of                  significant regulatory action because we              on the actions of Federal employees
                                                life on the navigable waters and                         anticipate that it will have minimal                  who enforce, or otherwise determine
                                                protection of persons and vessels near                   impact on the economy, will not                       compliance with, Federal regulations to
                                                the event.                                               interfere with other agencies, will not               the Small Business and Agriculture
                                                                                                         adversely alter the budget of any grant               Regulatory Enforcement Ombudsman
                                                III. Legal Authority and Need for Rule                   or loan recipients, and will not raise any            and the Regional Small Business
                                                   The Coast Guard is issuing this rule                  novel legal or policy issues. The safety              Regulatory Fairness Boards. The
                                                under authority in 33 U.S.C. 1231. The                   zone created by this rule will be                     Ombudsman evaluates these actions
                                                Captain of the Port Buffalo (COTP) has                   relatively small and enforced for a                   annually and rates each agency’s
                                                determined that a maritime fireworks                     relatively short time. Also, the safety               responsiveness to small business. If you
                                                show presents significant risks to public                zone is designed to minimize its impact               wish to comment on actions by
                                                safety and property. Such hazards                        on navigable waters. Furthermore, the                 employees of the Coast Guard, call 1–
                                                include premature and accidental                         safety zone has been designed to allow                888–REG–FAIR (1–888–734–3247). The
                                                detonations, dangerous projectiles, and                  vessels to transit around it. Thus,                   Coast Guard will not retaliate against
                                                falling or burning debris. This rule is                  restrictions on vessel movement within                small entities that question or complain
                                                needed to protect personnel, vessels,                    that particular area are expected to be               about this rule or any policy or action
                                                and the marine environment in the                        minimal. Under certain conditions,                    of the Coast Guard.
                                                navigable waters within the safety zone                  moreover, vessels may still transit
                                                                                                         through the safety zone when permitted                C. Collection of Information
                                                while the fireworks show is taking
                                                place.                                                   by the Captain of the Port.                             This rule will not call for a new
                                                                                                                                                               collection of information under the
                                                IV. Discussion of the Rule                               B. Impact on Small Entities                           Paperwork Reduction Act of 1995 (44
                                                  This rule establishes a safety zone on                    The Regulatory Flexibility Act of                  U.S.C. 3501–3520).
                                                                                                         1980, 5 U.S.C. 601–612, as amended,
                                                July 27, 2017, or in the event of                                                                              D. Federalism and Indian Tribal
                                                                                                         requires Federal agencies to consider
                                                inclement weather July 28, 2017, from                                                                          Governments
                                                                                                         the potential impact of regulations on
                                                9:15 p.m. until 10:45 p.m. The safety                                                                             A rule has implications for federalism
                                                                                                         small entities during rulemaking. The
                                                zone will encompass all waters of the                                                                          under Executive Order 13132,
                                                                                                         term ‘‘small entities’’ comprises small
                                                Oswego Harbor, Oswego, NY contained                                                                            Federalism, if it has a substantial direct
                                                                                                         businesses, not-for-profit organizations
                                                within a 350-foot radius of the                                                                                effect on the States, on the relationship
                                                                                                         that are independently owned and
                                                breakwall between positions 43°27′54″                                                                          between the national government and
                                                                                                         operated and are not dominant in their
                                                N., 076°31′24″ W. then northeast to                                                                            the States, or on the distribution of
                                                                                                         fields, and governmental jurisdictions
                                                43°27′59″ N., 076°31′12″ W. (NAD 83).                                                                          power and responsibilities among the
                                                                                                         with populations of less than 50,000.
                                                  Entry into, transiting, or anchoring                   The Coast Guard certifies under 5 U.S.C.              various levels of government. We have
                                                within the safety zone is prohibited                     605(b) that this rule will not have a                 analyzed this rule under that Order and
                                                unless authorized by the Captain of the                  significant economic impact on a                      have determined that it is consistent
                                                Port Buffalo or his designated on-scene                  substantial number of small entities.                 with the fundamental federalism
                                                representative. The Captain of the Port                     While some owners or operators of                  principles and preemption requirements
                                                or his designated on-scene                               vessels intending to transit the safety               described in Executive Order 13132.
                                                representative may be contacted via                      zone may be small entities, for the                      Also, this rule does not have tribal
                                                VHF Channel 16.                                          reasons stated in section V.A above, this             implications under Executive Order
                                                V. Regulatory Analyses                                   rule will not have a significant                      13175, Consultation and Coordination
                                                                                                         economic impact on any vessel owner                   with Indian Tribal Governments,
                                                  We developed this rule after                           or operator.                                          because it does not have a substantial
                                                considering numerous statutes and                           Under section 213(a) of the Small                  direct effect on one or more Indian
                                                Executive orders related to rulemaking.                  Business Regulatory Enforcement                       tribes, on the relationship between the
                                                Below we summarize our analyses                          Fairness Act of 1996 (Pub. L. 104–121),               Federal Government and Indian tribes,
                                                based on a number of these statutes and                  we want to assist small entities in                   or on the distribution of power and
                                                Executive orders, and we discuss First                   understanding this rule. If the rule                  responsibilities between the Federal
                                                Amendment rights of protestors.                          would affect your small business,                     Government and Indian tribes. If you
                                                A. Regulatory Planning and Review                        organization, or governmental                         believe this rule has implications for
                                                                                                         jurisdiction and you have questions                   federalism or Indian tribes, please
                                                   Executive Orders 12866 and 13563                      concerning its provisions or options for              contact the person listed in the FOR
                                                direct agencies to assess the costs and                  compliance, please contact the person                 FURTHER INFORMATION CONTACT section
                                                benefits of available regulatory                         listed in the FOR FURTHER INFORMATION                 above.
                                                alternatives and, if regulation is                       CONTACT section.
                                                necessary, to select regulatory                             Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                approaches that maximize net benefits.                   Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                Executive Order 13563 emphasizes the                     Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                importance of quantifying both costs                     we want to assist small entities in                   Federal agencies to assess the effects of
                                                and benefits, of reducing costs, of                      understanding this rule. If the rule                  their discretionary regulatory actions. In
jstallworth on DSK7TPTVN1PROD with RULES




                                                harmonizing rules, and of promoting                      would affect your small business,                     particular, the Act addresses actions
                                                flexibility. This rule has not been                      organization, or governmental                         that may result in the expenditure by a
                                                designated a ‘‘significant regulatory                    jurisdiction and you have questions                   State, local, or tribal government, in the
                                                action,’’ under Executive Order 12866.                   concerning its provisions or options for              aggregate, or by the private sector of
                                                Accordingly, it has not been reviewed                    compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                by the Office of Management and                          listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                Budget.                                                  CONTACT section.                                      will not result in such an expenditure,


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                                                                    Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations                                        31257

                                                we do discuss the effects of this rule                      (b) Enforcement period. This rule will             mooring or anchoring within these
                                                elsewhere in this preamble.                              be enforced from 9:15 p.m. until 10:45                limited access areas is prohibited unless
                                                                                                         p.m. on July 27, 2017, or in the event                authorized by the COTP LIS.
                                                F. Environment
                                                                                                         of inclement weather, on July 28, 2017,               DATES: This rule is effective without
                                                  We have analyzed this rule under                       from 9:15 p.m. until 10:45 p.m.                       actual notice from July 6, 2017 through
                                                Department of Homeland Security                             (c) Regulations. (1) In accordance with            July 8, 2017. For the purposes of
                                                Management Directive 023–01 and                          the general regulations in § 165.23 of                enforcement, actual notice will be used
                                                Commandant Instruction M16475.lD,                        this part, entry into, transiting, or                 from July 3, 2017, through July 6, 2017.
                                                which guide the Coast Guard in                           anchoring within this safety zone is                  ADDRESSES: To view documents
                                                complying with the National                              prohibited unless authorized by the                   mentioned in this preamble as being
                                                Environmental Policy Act of 1969 (42                     Captain of the Port Buffalo or his                    available in the docket, go to http://
                                                U.S.C. 4321–4370f), and have                             designated on-scene representative.                   www.regulations.gov, type USCG–2017–
                                                determined that it is one of a category                     (2) This safety zone is closed to all              0440 in the ‘‘SEARCH’’ box and click
                                                of actions that do not individually or                   vessel traffic, except as may be                      ‘‘SEARCH.’’ Click on Open Docket
                                                cumulatively have a significant effect on                permitted by the Captain of the Port                  Folder on the line associated with this
                                                the human environment. This rule                         Buffalo or his designated on-scene                    rule.
                                                establishes a safety zone. It is                         representative.                                       FOR FURTHER INFORMATION CONTACT: If
                                                categorically excluded under section                        (3) The ‘‘on-scene representative’’ of
                                                                                                                                                               you have questions on this rule, contact
                                                2.B.2, figure 2–1, paragraph 34(g) of the                the Captain of the Port Buffalo is any
                                                                                                                                                               Petty Officer Amber Arnold, Prevention
                                                Instruction, which pertains to                           Coast Guard commissioned, warrant or
                                                                                                                                                               Department, Coast Guard Sector Long
                                                establishment of safety zones. A Record                  petty officer who has been designated
                                                                                                                                                               Island Sound, telephone (203) 468–
                                                of Environmental Consideration (REC)                     by the Captain of the Port Buffalo to act
                                                                                                                                                               4583, email Amber.D.Arnold@uscg.mil.
                                                supporting this determination is                         on his behalf.
                                                                                                                                                               SUPPLEMENTARY INFORMATION:
                                                available in the docket where indicated                     (4) Vessel operators desiring to enter
                                                in the ADDRESSES section of this                         or operate within the safety zone must                I. Table of Abbreviations
                                                preamble.                                                contact the Captain of the Port Buffalo
                                                                                                                                                               COTP Captain of the Port
                                                                                                         or his on-scene representative to obtain              DHS Department of Homeland Security
                                                G. Protest Activities
                                                                                                         permission to do so. The Captain of the               FR Federal Register
                                                  The Coast Guard respects the First                     Port Buffalo or his on-scene                          LIS Long Island Sound
                                                Amendment rights of protesters.                          representative may be contacted via                   NPRM Notice of Proposed Rulemaking
                                                Protesters are asked to contact the                      VHF Channel 16. Vessel operators given                NAD 83 North American Datum 1983
                                                person listed in the FOR FURTHER                         permission to enter or operate in the                 II. Background Information and
                                                INFORMATION CONTACT section to                           safety zone must comply with all                      Regulatory History
                                                coordinate protest activities so that your               directions given to them by the Captain
                                                message can be received without                          of the Port Buffalo, or his on-scene                     This rule establishes three safety
                                                jeopardizing the safety or security of                   representative.                                       zones for fireworks displays. Each event
                                                people, places or vessels.                                                                                     and its corresponding regulatory history
                                                                                                            Dated: June 26, 2017.                              are discussed below.
                                                List of Subjects in 33 CFR Part 165                      J.S. Dufresne,                                           City of West Haven Fireworks is a
                                                  Harbors, Marine safety, Navigation                     Captain, U.S. Coast Guard, Captain of the             recurring marine event with regulatory
                                                (water), Reporting and record keeping                    Port Buffalo.                                         history and is cited in 33 CFR
                                                requirements, Security measures,                         [FR Doc. 2017–14150 Filed 7–5–17; 8:45 am]            165.151(7.13). This event has been
                                                Waterways.                                               BILLING CODE 9110–04–P                                included in this rule due to deviation
                                                  For the reasons discussed in the                                                                             from the cite date.
                                                preamble, the Coast Guard amends 33                                                                               Village of Asharoken Fireworks is a
                                                CFR part 165 as follows:                                 DEPARTMENT OF HOMELAND                                recurring marine event with regulatory
                                                                                                         SECURITY                                              history and is cited in 33 CFR
                                                PART 165—REGULATED NAVIGATION                                                                                  165.151(7.24). This event has been
                                                AREAS AND LIMITED ACCESS AREAS                           Coast Guard                                           included in this rule due to deviation
                                                                                                                                                               from the cite position.
                                                ■ 1. The authority citation for part 165                 33 CFR Part 165                                          Riverfest Fireworks is a recurring
                                                continues to read as follows:                            [Docket Number USCG–2017–0440]                        marine event with regulatory history
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    and is cited in 33 CFR 165.151(7.23).
                                                                                                         RIN 165–AA00                                          This event has been included in this
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Department of Homeland Security Delegation                                                                     rule due to deviation from the cite date.
                                                                                                         Safety Zones; Marine Events Held in                      The Coast Guard is issuing this
                                                No. 0170.1.
                                                                                                         the Captain of the Port Long Island                   temporary final rule without prior
                                                ■ 2. Add § 165.T09–0345 to read as                       Sound Zone
                                                follows:                                                                                                       notice and opportunity to comment
                                                                                                         AGENCY:    Coast Guard, DHS.                          pursuant to authority under section 4(a)
                                                § 165.T09–0345 Safety Zone; Oswego                       ACTION:   Temporary final rule.                       of the Administrative Procedure Act
                                                Harborfest 2017 Breakwall Fireworks                                                                            (APA) (5 U.S.C. 553(b)). This provision
                                                Display; Oswego Harbor, Oswego, NY.                      SUMMARY:    The Coast Guard is                        authorizes an agency to issue a rule
jstallworth on DSK7TPTVN1PROD with RULES




                                                  (a) Location. This zone will                           establishing three temporary safety                   without prior notice and opportunity to
                                                encompass all waters of the Oswego                       zones for fireworks displays within the               comment when the agency for good
                                                Harbor, Oswego, NY contained within a                    Captain of the Port (COTP) Long Island                cause finds that those procedures are
                                                350-foot radius of the breakwall                         Sound (LIS) Zone. This temporary final                ‘‘impracticable, unnecessary, or contrary
                                                between positions 43°27′54″ N.,                          rule is necessary to provide for the                  to the public interest.’’ Under 5 U.S.C.
                                                076°31′24″ W. then northeast to                          safety of life on navigable waters during             553(b)(B), the Coast Guard finds that
                                                43°27′59″ N., 076°31′12″ W. (NAD 83).                    these events. Entry into, transit through,            good cause exists for not publishing a


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Document Created: 2017-07-06 01:05:15
Document Modified: 2017-07-06 01:05:15
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 9:15 p.m. on July 27, 2017, until 10:45 p.m. July 28, 2017.
ContactIf you have questions on this rule, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected]
FR Citation82 FR 31255 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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