82_FR_31581 82 FR 31452 - Safety Zone; Oswego Harborfest 2017 Breakwall and Barge Fireworks Display; Oswego Harbor, Oswego, NY

82 FR 31452 - Safety Zone; Oswego Harborfest 2017 Breakwall and Barge Fireworks Display; Oswego Harbor, Oswego, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 129 (July 7, 2017)

Page Range31452-31454
FR Document2017-14258

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 and Barge 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 129 (Friday, July 7, 2017)
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31452-31454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14258]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0359]
RIN 1625-AA00


Safety Zone; Oswego Harborfest 2017 Breakwall and Barge 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 and Barge 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 29, 2017 until 
10:45 p.m. July 30, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0359 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

[[Page 31453]]

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 
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 29, 2017, or in the 
event of inclement weather July 30, 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 700-foot radius of position 
43[deg]28'06'' N., 076[deg]31'07'' W. along with 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. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    This rule has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action 
because we anticipate that it will have minimal impact on the economy, 
will not interfere with other agencies, will not adversely alter the 
budget of any grant or loan recipients, and will not raise any novel 
legal or policy issues. The safety zone created by this rule will be 
relatively small and enforced for a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, the safety zone has been designed to allow vessels to 
transit around it. Thus, restrictions on vessel movement within that 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

[[Page 31454]]

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 to ensure the safety of spectators or 
public in the area. 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.T09-0359 to read as follows:


Sec.  165.T09-0359  Safety Zone; Oswego Harborfest 2017 Breakwall and 
Barge Fireworks; Oswego Harbor, Oswego, NY.

    (a) Location. This zone will encompass all waters of the Oswego 
Harbor, Oswego, NY contained within a 700-foot radius of position 
43[deg]28'06'' N., 076[deg]31'07'' W. along with 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 regulation will be enforced from 9:15 
p.m. until 10:45 p.m. on July 29, 2017, or in the event of inclement 
weather, on July 30, 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. 2017-14258 Filed 7-6-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                  31452                 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations

                                                  13175, Consultation and Coordination                     jeopardizing the safety or security of                operate in the safety zone must comply
                                                  with Indian Tribal Governments,                          people, places or vessels.                            with all directions given to them by the
                                                  because it does not have a substantial                                                                         Captain of the Port Lake Michigan, or an
                                                                                                           List of Subjects in 33 CFR Part 165
                                                  direct effect on one or more Indian                                                                            on-scene representative.
                                                  tribes, on the relationship between the                    Harbors, Marine safety, Navigation                    Dated: June 29, 2017.
                                                  Federal Government and Indian tribes,                    (water), Reporting and record keeping
                                                                                                                                                                 A.B. Cocanour,
                                                  or on the distribution of power and                      requirements, Security measures,
                                                                                                           Waterways.                                            Captain, U.S. Coast Guard, Captain of the
                                                  responsibilities between the Federal                                                                           Port, Lake Michigan.
                                                  Government and Indian tribes. If you                       For the reasons discussed in the
                                                                                                                                                                 [FR Doc. 2017–14304 Filed 7–6–17; 8:45 am]
                                                  believe this rule has implications for                   preamble, the Coast Guard amends 33
                                                                                                                                                                 BILLING CODE 9110–04–P
                                                  federalism or Indian tribes, please                      CFR part 165 as follows:
                                                  contact the person listed in the FOR
                                                  FURTHER INFORMATION CONTACT section                      PART 165—REGULATED NAVIGATION
                                                                                                           AREAS AND LIMITED ACCESS AREAS                        DEPARTMENT OF HOMELAND
                                                  above.                                                                                                         SECURITY
                                                  E. Unfunded Mandates Reform Act                          ■ 1. The authority citation for part 165
                                                                                                           continues to read as follows:                         Coast Guard
                                                    The Unfunded Mandates Reform Act
                                                  of 1995 (2 U.S.C. 1531–1538) requires                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           33 CFR Part 165
                                                  Federal agencies to assess the effects of                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  their discretionary regulatory actions. In               Department of Homeland Security Delegation
                                                                                                           No. 0170.1.                                           [Docket Number USCG–2017–0359]
                                                  particular, the Act addresses actions
                                                  that may result in the expenditure by a                  ■ 2. Add § 165.T09–0195 to read as
                                                  State, local, or tribal government, in the               follows:                                              RIN 1625–AA00
                                                  aggregate, or by the private sector of                   § 165.T09–0195 Safety Zone; Lake                      Safety Zone; Oswego Harborfest 2017
                                                  $100,000,000 (adjusted for inflation) or                 Michigan, Whiting, Indiana.                           Breakwall and Barge Fireworks
                                                  more in any one year. Though this rule                      (a) Location. All waters of Lake                   Display; Oswego Harbor, Oswego, NY
                                                  will not result in such an expenditure,                  Michigan near Whiting, Indiana
                                                  we do discuss the effects of this rule                   bounded by a line drawn from the                      AGENCY:    Coast Guard, DHS.
                                                  elsewhere in this preamble.                              shoreline at 41°41.235′ N., 087°29.779′               ACTION:   Temporary final rule.
                                                  F. Environment                                           W., then northeast to 41°41.494′ N.,
                                                                                                           087°29.559′ W., then south to 41°40.891′              SUMMARY:   The Coast Guard is
                                                    We have analyzed this rule under                       N., 087°28.486′ W., then southwest to                 establishing a temporary safety zone on
                                                  Department of Homeland Security                          the shoreline at 41°40.725′ N.,                       Oswego Harbor, Oswego, NY. This
                                                  Management Directive 023–01 and                          087°28.633′ W., then along the shoreline              safety zone is intended to restrict
                                                  Commandant Instruction M16475.lD,                        back to the point of origin at 41°41.235′             vessels from a portion of the Oswego
                                                  which guide the Coast Guard in                           N., 087°29.779′ W. (NAD 83).                          Harbor during the Oswego Harborfest
                                                  complying with the National                                 (b) Enforcement period. This rule will             2017 Breakwall and Barge Fireworks
                                                  Environmental Policy Act of 1969 (42                     be enforced on August 12, 2017 from 7                 Display. This temporary safety zone is
                                                  U.S.C. 4321–4370f), and have                             a.m. to 5 p.m. and August 13, 2017 from               necessary to protect mariners and
                                                  determined that this action is one of a                  7 a.m. to 5 p.m.                                      vessels from the navigational hazards
                                                  category of actions that do not                             (c) Regulations. (1) In accordance with            associated with a fireworks display.
                                                  individually or cumulatively have a                      the general regulations in § 165.23 of                DATES: This rule is effective from 9:15
                                                  significant effect on the human                          this part, entry into, transiting, or                 p.m. on July 29, 2017 until 10:45 p.m.
                                                  environment. This rule involves the                      anchoring within this safety zone is                  July 30, 2017.
                                                  establishment of a safety zone for a high                prohibited unless authorized by the                   ADDRESSES: To view documents
                                                  speed competition involving personal                     Captain of the Port Lake Michigan or a                mentioned in this preamble as being
                                                  watercraft on Lake Michigan near                         designated on-scene representative.                   available in the docket, go to http://
                                                  Whiting, Indiana. It is categorically                       (2) This safety zone is closed to all              www.regulations.gov, type USCG–2017–
                                                  excluded from further review under                       vessel traffic, except as may be                      0359 in the ‘‘SEARCH’’ box and click
                                                  paragraph 34(g) of Figure 2–1 of the                     permitted by the Captain of the Port                  ‘‘SEARCH.’’ Click on Open Docket
                                                  Commandant Instruction. A Record of                      Lake Michigan or a designated on-scene                Folder on the line associated with this
                                                  Environmental Consideration (REC)                        representative.                                       rule.
                                                  supporting this determination is                            (3) The ‘‘on-scene representative’’ of             FOR FURTHER INFORMATION CONTACT: If
                                                  available in the docket where indicated                  the Captain of the Port Lake Michigan                 you have questions on this rule, call or
                                                  in the ADDRESSES section of this                         is any Coast Guard commissioned,                      email LT Michael Collet, Chief of
                                                  preamble. We seek any comments or                        warrant or petty officer who has been                 Waterways Management, U.S. Coast
                                                  information that may lead to the                         designated by the Captain of the Port                 Guard Sector Buffalo; telephone 716–
                                                  discovery of a significant environmental                 Lake Michigan to act on his or her                    843–9322, email
                                                  impact from this rule.                                   behalf.                                               SectorBuffaloMarineSafety@uscg.mil.
                                                  G. Protest Activities                                       (4) Vessel operators desiring to enter
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                                                                           or operate within the safety zone shall
                                                    The Coast Guard respects the First                     contact the Captain of the Port Lake                  I. Table of Abbreviations
                                                  Amendment rights of protesters.                          Michigan or an on-scene representative
                                                                                                                                                                 CFR Code of Federal Regulations
                                                  Protesters are asked to contact the                      to obtain permission to do so. The                    DHS Department of Homeland Security
                                                  person listed in the FOR FURTHER                         Captain of the Port Lake Michigan or an               FR Federal Register
                                                  INFORMATION CONTACT section to                           on-scene representative may be                        NPRM Notice of proposed rulemaking
                                                  coordinate protest activities so that your               contacted via VHF Channel 16. Vessel                  § Section
                                                  message can be received without                          operators given permission to enter or                U.S.C. United States Code



                                             VerDate Sep<11>2014   17:43 Jul 06, 2017   Jkt 241001   PO 00000   Frm 00020   Fmt 4700   Sfmt 4700   E:\FR\FM\07JYR1.SGM   07JYR1


                                                                        Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations                                        31453

                                                  II. Background Information and                           a 350-foot radius of the breakwall                    on navigable waters. Furthermore, the
                                                  Regulatory History                                       between positions 43°27′54″ N.,                       safety zone has been designed to allow
                                                     The Coast Guard is issuing this                       076°31′24″ W. then northeast to                       vessels to transit around it. Thus,
                                                  temporary rule without prior notice and                  43°27′59″ N., 076°31′12″ W. (NAD 83).                 restrictions on vessel movement within
                                                                                                             Entry into, transiting, or anchoring                that particular area are expected to be
                                                  opportunity to comment pursuant to
                                                                                                           within the safety zone is prohibited                  minimal. Under certain conditions,
                                                  authority under section 4(a) of the
                                                                                                           unless authorized by the Captain of the               moreover, vessels may still transit
                                                  Administrative Procedure Act (APA) (5
                                                                                                           Port Buffalo or his designated on-scene               through the safety zone when permitted
                                                  U.S.C. 553(b)). This provision                           representative. The Captain of the Port               by the Captain of the Port.
                                                  authorizes an agency to issue a rule                     or his designated on-scene
                                                  without prior notice and opportunity to                  representative may be contacted via                   B. Impact on Small Entities
                                                  comment when the agency for good                         VHF Channel 16.                                          The Regulatory Flexibility Act of
                                                  cause finds that those procedures are                                                                          1980, 5 U.S.C. 601–612, as amended,
                                                  ‘‘impracticable, unnecessary, or contrary                V. Regulatory Analyses                                requires Federal agencies to consider
                                                  to the public interest.’’ Under 5 U.S.C.                   We developed this rule after                        the potential impact of regulations on
                                                  553(b)(B), the Coast Guard finds that                    considering numerous statutes and                     small entities during rulemaking. The
                                                  good cause exists for not publishing a                   Executive orders related to rulemaking.               term ‘‘small entities’’ comprises small
                                                  notice of proposed rulemaking (NPRM)                     Below we summarize our analyses                       businesses, not-for-profit organizations
                                                  with respect to this rule because doing                  based on a number of these statutes and               that are independently owned and
                                                  so would be impracticable. The final                     Executive orders, and we discuss First                operated and are not dominant in their
                                                  details of this event were not known to                  Amendment rights of protestors.                       fields, and governmental jurisdictions
                                                  the Coast Guard until there was                                                                                with populations of less than 50,000.
                                                  insufficient time remaining before the                   A. Regulatory Planning and Review
                                                                                                                                                                 The Coast Guard certifies under 5 U.S.C.
                                                  event to publish an NPRM. Thus,                             Executive Orders 12866 and 13563                   605(b) that this rule will not have a
                                                  delaying the effective date of this rule to              direct agencies to assess the costs and               significant economic impact on a
                                                  wait for a comment period to run would                   benefits of available regulatory                      substantial number of small entities.
                                                  be impracticable because it would                        alternatives and, if regulation is                       While some owners or operators of
                                                  inhibit the Coast Guard’s ability to                     necessary, to select regulatory                       vessels intending to transit the safety
                                                  protect mariners and vessels from the                    approaches that maximize net benefits.                zone may be small entities, for the
                                                  hazards associated with a maritime                       Executive Order 13563 emphasizes the                  reasons stated in section V.A above, this
                                                  fireworks display.                                       importance of quantifying both costs                  rule will not have a significant
                                                     Under 5 U.S.C. 553(d)(3), the Coast                   and benefits, of reducing costs, of                   economic impact on any vessel owner
                                                  Guard finds that good cause exists for                   harmonizing rules, and of promoting                   or operator.
                                                  making this temporary rule effective less                flexibility. Executive Order 13771                       Under section 213(a) of the Small
                                                  than 30 days after publication in the                    (‘‘Reducing Regulation and Controlling                Business Regulatory Enforcement
                                                  Federal Register because doing so                        Regulatory Costs’’), directs agencies to              Fairness Act of 1996 (Pub. L. 104–121),
                                                  would be impracticable and contrary to                   reduce regulation and control regulatory              we want to assist small entities in
                                                  the public interest. Delaying the                        costs and provides that ‘‘for every one               understanding this rule. If the rule
                                                  effective date would be contrary to the                  new regulation issued, at least two prior             would affect your small business,
                                                  rule’s objectives of ensuring safety of                  regulations be identified for elimination,            organization, or governmental
                                                  life on the navigable waters and                         and that the cost of planned regulations              jurisdiction and you have questions
                                                  protection of persons and vessels near                   be prudently managed and controlled                   concerning its provisions or options for
                                                  the event.                                               through a budgeting process.’’                        compliance, please contact the person
                                                                                                              This rule has not been designated a                listed in the FOR FURTHER INFORMATION
                                                  III. Legal Authority and Need for Rule
                                                                                                           ‘‘significant regulatory action,’’ under              CONTACT section.
                                                     The Coast Guard is issuing this rule                  Executive Order 12866. Accordingly, it                   Small businesses may send comments
                                                  under authority in 33 U.S.C. 1231. The                   has not been reviewed by the Office of                on the actions of Federal employees
                                                  Captain of the Port Buffalo (COTP) has                   Management and Budget.                                who enforce, or otherwise determine
                                                  determined that a maritime fireworks                        As this rule is not a significant                  compliance with, Federal regulations to
                                                  show presents significant risks to public                regulatory action, this rule is exempt                the Small Business and Agriculture
                                                  safety and property. Such hazards                        from the requirements of Executive                    Regulatory Enforcement Ombudsman
                                                  include premature and accidental                         Order 13771. See OMB’s Memorandum                     and the Regional Small Business
                                                  detonations, dangerous projectiles, and                  titled ‘‘Interim Guidance Implementing                Regulatory Fairness Boards. The
                                                  falling or burning debris. This rule is                  Section 2 of the Executive Order of                   Ombudsman evaluates these actions
                                                  needed to protect personnel, vessels,                    January 30, 2017 titled ‘Reducing                     annually and rates each agency’s
                                                  and the marine environment in the                        Regulation and Controlling Regulatory                 responsiveness to small business. If you
                                                  navigable waters within the safety zone                  Costs’ ’’ (February 2, 2017).                         wish to comment on actions by
                                                  while the fireworks show is taking                          We conclude that this rule is not a                employees of the Coast Guard, call 1–
                                                  place.                                                   significant regulatory action because we              888–REG–FAIR (1–888–734–3247). The
                                                                                                           anticipate that it will have minimal                  Coast Guard will not retaliate against
                                                  IV. Discussion of the Rule                               impact on the economy, will not                       small entities that question or complain
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                    This rule establishes a safety zone on                 interfere with other agencies, will not               about this rule or any policy or action
                                                  July 29, 2017, or in the event of                        adversely alter the budget of any grant               of the Coast Guard.
                                                  inclement weather July 30, 2017, from                    or loan recipients, and will not raise any
                                                  9:15 p.m. until 10:45 p.m. The safety                    novel legal or policy issues. The safety              C. Collection of Information
                                                  zone will encompass all waters of the                    zone created by this rule will be                       This rule will not call for a new
                                                  Oswego Harbor, Oswego, NY contained                      relatively small and enforced for a                   collection of information under the
                                                  within a 700-foot radius of position                     relatively short time. Also, the safety               Paperwork Reduction Act of 1995 (44
                                                  43°28′06″ N., 076°31′07″ W. along with                   zone is designed to minimize its impact               U.S.C. 3501–3520).


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                                                  31454                 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations

                                                  D. Federalism and Indian Tribal                          available in the docket where indicated               petty officer who has been designated
                                                  Governments                                              in the ADDRESSES section of this                      by the Captain of the Port Buffalo to act
                                                     A rule has implications for federalism                preamble.                                             on his behalf.
                                                                                                                                                                   (4) Vessel operators desiring to enter
                                                  under Executive Order 13132,                             G. Protest Activities                                 or operate within the safety zone must
                                                  Federalism, if it has a substantial direct
                                                                                                             The Coast Guard respects the First                  contact the Captain of the Port Buffalo
                                                  effect on the States, on the relationship
                                                                                                           Amendment rights of protesters.                       or his on-scene representative to obtain
                                                  between the national government and
                                                                                                           Protesters are asked to contact the                   permission to do so. The Captain of the
                                                  the States, or on the distribution of
                                                                                                           person listed in the FOR FURTHER                      Port Buffalo or his on-scene
                                                  power and responsibilities among the
                                                                                                           INFORMATION CONTACT section to                        representative may be contacted via
                                                  various levels of government. We have
                                                                                                           coordinate protest activities so that your            VHF Channel 16. Vessel operators given
                                                  analyzed this rule under that Order and
                                                                                                           message can be received without                       permission to enter or operate in the
                                                  have determined that it is consistent
                                                                                                           jeopardizing the safety or security of                safety zone must comply with all
                                                  with the fundamental federalism
                                                                                                           people, places or vessels.                            directions given to them by the Captain
                                                  principles and preemption requirements
                                                                                                                                                                 of the Port Buffalo, or his on-scene
                                                  described in Executive Order 13132.                      List of Subjects in 33 CFR Part 165
                                                                                                                                                                 representative.
                                                     Also, this rule does not have tribal                    Harbors, Marine safety, Navigation
                                                  implications under Executive Order                                                                                Dated: June 26, 2017.
                                                                                                           (water), Reporting and record keeping
                                                  13175, Consultation and Coordination                                                                           J.S. Dufresne,
                                                                                                           requirements, Security measures,
                                                  with Indian Tribal Governments,                          Waterways.                                            Captain, U.S. Coast Guard, Captain of the
                                                  because it does not have a substantial                                                                         Port Buffalo.
                                                                                                             For the reasons discussed in the
                                                  direct effect on one or more Indian                                                                            [FR Doc. 2017–14258 Filed 7–6–17; 8:45 am]
                                                                                                           preamble, the Coast Guard amends 33
                                                  tribes, on the relationship between the                                                                        BILLING CODE 9110–04–P
                                                                                                           CFR part 165 as follows:
                                                  Federal Government and Indian tribes,
                                                  or on the distribution of power and                      PART 165—REGULATED NAVIGATION
                                                  responsibilities between the Federal                     AREAS AND LIMITED ACCESS AREAS                        DEPARTMENT OF HOMELAND
                                                  Government and Indian tribes. If you                                                                           SECURITY
                                                  believe this rule has implications for                   ■ 1. The authority citation for part 165
                                                  federalism or Indian tribes, please                      continues to read as follows:                         Coast Guard
                                                  contact the person listed in the FOR                       Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  FURTHER INFORMATION CONTACT section                                                                            33 CFR Part 165
                                                                                                           33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  above.                                                   Department of Homeland Security Delegation            [Docket No. USCG–2017–0642]
                                                  E. Unfunded Mandates Reform Act                          No. 0170.1.
                                                                                                           ■ 2. Add § 165.T09–0359 to read as                    Safety Zone; Annual Event in the
                                                    The Unfunded Mandates Reform Act                       follows:                                              Captain of the Port Buffalo Zone—
                                                  of 1995 (2 U.S.C. 1531–1538) requires                                                                          Brewerton Fireworks
                                                  Federal agencies to assess the effects of                § 165.T09–0359 Safety Zone; Oswego
                                                  their discretionary regulatory actions. In               Harborfest 2017 Breakwall and Barge                   AGENCY:  Coast Guard, DHS.
                                                  particular, the Act addresses actions                    Fireworks; Oswego Harbor, Oswego, NY.                 ACTION: Notice of enforcement of
                                                  that may result in the expenditure by a                    (a) Location. This zone will                        regulation.
                                                  State, local, or tribal government, in the               encompass all waters of the Oswego                    SUMMARY:   The Coast Guard will enforce
                                                  aggregate, or by the private sector of                   Harbor, Oswego, NY contained within a                 a safety zone for the Brewerton
                                                  $100,000,000 (adjusted for inflation) or                 700-foot radius of position 43°28′06″ N.,             Fireworks, Oneida Lake, Brewerton, NY.
                                                  more in any one year. Though this rule                   076°31′07″ W. along with a 350-foot                   This action is necessary and intended
                                                  will not result in such an expenditure,                  radius of the breakwall between                       for the safety of life and property on
                                                  we do discuss the effects of this rule                   positions 43°27′54″ N., 076°31′24″ W.                 navigable waters during this event.
                                                  elsewhere in this preamble.                              then northeast to 43°27′59″ N.,                       During the enforcement period, no
                                                                                                           076°31′12″ W. (NAD 83).                               person or vessel may enter the
                                                  F. Environment
                                                                                                             (b) Enforcement period. This                        respective safety zone without the
                                                     We have analyzed this rule under                      regulation will be enforced from 9:15                 permission of the Captain of the Port
                                                  Department of Homeland Security                          p.m. until 10:45 p.m. on July 29, 2017,               Buffalo.
                                                  Management Directive 023–01 and                          or in the event of inclement weather, on
                                                  Commandant Instruction M16475.lD,                        July 30, 2017, from 9:15 p.m. until 10:45             DATES: The regulation in 33 CFR
                                                  which guide the Coast Guard in                           p.m.                                                  165.939(a)(8) will be enforced on July 3,
                                                  complying with the National                                (c) Regulations. (1) In accordance with             2017, with a rain date of July 8, 2017,
                                                  Environmental Policy Act of 1969 (42                     the general regulations in § 165.23 of                from 9 p.m. to 10:30 p.m.
                                                  U.S.C. 4321–4370f), and have                             this part, entry into, transiting, or                 FOR FURTHER INFORMATION CONTACT: If
                                                  determined that it is one of a category                  anchoring within this safety zone is                  you have questions about this notice of
                                                  of actions that do not individually or                   prohibited unless authorized by the                   enforcement, call or email LT Michael
                                                  cumulatively have a significant effect on                Captain of the Port Buffalo or his                    Collet, Chief of Waterways Management,
                                                  the human environment. This rule                         designated on-scene representative.                   U.S. Coast Guard Sector Buffalo, 1
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  establishes a safety zone to ensure the                    (2) This safety zone is closed to all               Fuhrmann Blvd., Buffalo, NY 14203;
                                                  safety of spectators or public in the area.              vessel traffic, except as may be                      telephone 716–843–9322, email
                                                  It is categorically excluded under                       permitted by the Captain of the Port                  SectorBuffaloMarineSafety@uscg.mil.
                                                  section 2.B.2, figure 2–1, paragraph                     Buffalo or his designated on-scene                    SUPPLEMENTARY INFORMATION: The Coast
                                                  34(g) of the Instruction, which pertains                 representative.                                       Guard will enforce the Safety Zone;
                                                  to establishment of safety zones. A                        (3) The ‘‘on-scene representative’’ of              Annual Event in the Captain of the Port
                                                  Record of Environmental Consideration                    the Captain of the Port Buffalo is any                Buffalo Zone listed in 33 CFR
                                                  (REC) supporting this determination is                   Coast Guard commissioned, warrant or                  165.939(a)(8) for the following event:


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Document Created: 2017-07-07 02:19:28
Document Modified: 2017-07-07 02:19:28
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 29, 2017 until 10:45 p.m. July 30, 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 31452 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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