82_FR_32377 82 FR 32244 - Safety Zone; Oswego County Paddlefest; Oswego River, Oswego, NY

82 FR 32244 - Safety Zone; Oswego County Paddlefest; Oswego River, Oswego, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 133 (July 13, 2017)

Page Range32244-32246
FR Document2017-14691

The Coast Guard is establishing a temporary safety zone on the Oswego River, Oswego, NY. This safety zone is intended to restrict vessels from portions of the Oswego River during the Oswego County Paddlefest on July 22, 2017. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a large scale paddle event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 82 Issue 133 (Thursday, July 13, 2017)
[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32244-32246]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14691]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0666]
RIN 1625-AA00


Safety Zone; Oswego County Paddlefest; Oswego River, Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Oswego River, Oswego, NY. This safety zone is intended to restrict 
vessels from portions of the Oswego River during the Oswego County 
Paddlefest on July 22, 2017. This temporary safety zone is necessary to 
protect mariners and vessels from the navigational hazards associated 
with a large scale paddle event. Entry of vessels or persons into this 
zone is prohibited unless specifically authorized by the Captain of the 
Port Buffalo.

DATES: This rule is effective from 7:45 a.m. to 5:15 p.m. on July 22, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0666 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email LT Michael Collet, Chief of Waterways 
Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, 
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
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. The event sponsor did not submit notice to 
the Coast Guard with sufficient time remaining before the event to 
publish an NPRM. Delaying the effective date of this rule to wait for a 
comment period to run would be impracticable and contrary to the public 
interest by inhibiting the Coast Guard's ability to protect spectators 
and vessels from the hazards associated with a large scale paddle 
event.
    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

[[Page 32245]]

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 paddle 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 
large scale paddle event presents significant risks to public safety 
and property. Such hazards include a large number of paddle craft 
transiting a relatively narrow river. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while the paddle event is taking place.

IV. Discussion of the Rule

    This rule establishes a moving safety zone on July 22, 2017 from 
7:45 a.m. to 5:15 p.m. The safety zone will encompass all waters of the 
Oswego River and Oswego Harbor contained within a 150 foot radius 
around groups of participant paddle craft starting at position 
43[deg]20'05.3'' N., 076[deg]24'58.8'' W. and traveling northwest to 
position 43[deg]27'44.2'' N. 076[deg]30'54.9'' 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 only 
be enforced in the vicinity of paddle craft groups and has been 
designed to allow vessels to transit around it. Thus, restrictions on 
vessel movement within the particular areas are expected to be minimal. 
Under certain conditions, moreover, vessels may still transit through 
the safety zone when permitted by the Captain of the Port.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a

[[Page 32246]]

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 temporary safety zone. It is categorically excluded 
under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction, 
which pertains to establishment of safety zones. A Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T09-0666 to read as follows:


Sec.  165.T09-0666  Safety Zone; Oswego County Paddlefest, Oswego 
River, Oswego, NY.

    (a) Location. The safety zone will encompass all waters of the 
Oswego River and Oswego Harbor contained within a 150 foot radius 
around groups of participant paddle craft starting at position 
43[deg]20'08'' N., 076[deg]24'58'' W. and traveling northwest to 
position 43[deg]27'44.2'' N., 076[deg]30'54.9'' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on July 
22, 2017 7:45 a.m. until 5:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: July 6, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14691 Filed 7-12-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                32244              Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations

                                                F. Environment                                           Basin Breakwall at position 41°30′51.8″               temporary safety zone is necessary to
                                                                                                         N., 081°42′08.5″ W. (NAD 83).                         protect mariners and vessels from the
                                                   We have analyzed this rule under
                                                                                                           (b) Effective and enforcement period.               navigational hazards associated with a
                                                Department of Homeland Security
                                                                                                         This regulation is effective and will be              large scale paddle event. Entry of
                                                Management Directive 023–01 and
                                                                                                         enforced on July 23, 2017, from 5:45                  vessels or persons into this zone is
                                                Commandant Instruction M16475.lD,
                                                                                                         a.m. until 10 a.m.                                    prohibited unless specifically
                                                which guide the Coast Guard in
                                                                                                           (c) Regulations. (1) In accordance with             authorized by the Captain of the Port
                                                complying with the National
                                                                                                         the general regulations in § 165.23, entry            Buffalo.
                                                Environmental Policy Act of 1969 (42
                                                                                                         into, transiting, or anchoring within this            DATES:  This rule is effective from 7:45
                                                U.S.C. 4321–4370f), and have
                                                                                                         safety zone is prohibited unless                      a.m. to 5:15 p.m. on July 22, 2017.
                                                determined that this action is one of a
                                                                                                         authorized by the Captain of the Port
                                                category of actions that do not                                                                                ADDRESSES: To view documents
                                                                                                         Buffalo or his designated on-scene
                                                individually or cumulatively have a                                                                            mentioned in this preamble as being
                                                                                                         representative.
                                                significant effect on the human                                                                                available in the docket, go to http://
                                                                                                           (2) This safety zone is closed to all
                                                environment. This rule involves a safety                                                                       www.regulations.gov, type USCG–2017–
                                                                                                         vessel traffic, except as may be
                                                zone lasting approximately 4 hours 15                                                                          0666 in the ‘‘SEARCH’’ box and click
                                                                                                         permitted by the Captain of the Port
                                                minutes that will prohibit entry within                                                                        ‘‘SEARCH.’’ Click on Open Docket
                                                                                                         Buffalo or his designated on-scene
                                                all navigable waters in the vicinity of                                                                        Folder on the line associated with this
                                                                                                         representative.
                                                the swimmers participating in the                          (3) The ‘‘on-scene representative’’ of              rule.
                                                Cleveland Triathlon. It is categorically                 the Captain of the Port Buffalo is any                FOR FURTHER INFORMATION CONTACT: If
                                                excluded from further review under                       Coast Guard commissioned, warrant or                  you have questions about this
                                                paragraph 34(g) of Figure 2–1 of the                     petty officer who has been designated                 rulemaking, call or email LT Michael
                                                Commandant Instruction. A Record of                      by the Captain of the Port Buffalo to act             Collet, Chief of Waterways Management,
                                                Environmental Consideration (REC)                        on his behalf.                                        U.S. Coast Guard Sector Buffalo;
                                                supporting this determination is                           (4) Vessel operators desiring to enter              telephone 716–843–9322, email D09-
                                                available in the docket where indicated                  or operate within the safety zone shall               SMB-SECBuffalo-WWM@uscg.mil.
                                                in the ADDRESSES section of this                         contact the Captain of the Port Buffalo               SUPPLEMENTARY INFORMATION:
                                                preamble.                                                or his on-scene representative to obtain
                                                                                                         permission to do so. The Captain of the               I. Table of Abbreviations
                                                G. Protest Activities
                                                                                                         Port Buffalo or his on-scene                          CFR Code of Federal Regulations
                                                  The Coast Guard respects the First                     representative may be contacted via                   DHS Department of Homeland Security
                                                Amendment rights of protesters.                          VHF Channel 16. Vessel operators given                FR Federal Register
                                                Protesters are asked to contact the                      permission to enter or operate in the                 NPRM Notice of proposed rulemaking
                                                person listed in the FOR FURTHER                         safety zone must comply with all                      § Section
                                                INFORMATION CONTACT section to                                                                                 U.S.C. United States Code
                                                                                                         directions given to them by the Captain
                                                coordinate protest activities so that your               of the Port Buffalo, or his on-scene                  II. Background Information and
                                                message can be received without                          representative.                                       Regulatory History
                                                jeopardizing the safety or security of
                                                people, places or vessels.                                  Dated: July 7, 2017.                                 The Coast Guard is issuing this
                                                                                                         J.S. Dufresne,                                        temporary rule without prior notice and
                                                List of Subjects in 33 CFR Part 165                                                                            opportunity to comment pursuant to
                                                                                                         Captain, U.S. Coast Guard, Captain of the
                                                  Harbors, Marine safety, Navigation                     Port Buffalo.                                         authority under section 4(a) of the
                                                (water), Reporting and recordkeeping                     [FR Doc. 2017–14679 Filed 7–12–17; 8:45 am]           Administrative Procedure Act (APA) (5
                                                requirements, Security measures,                         BILLING CODE 9110–04–P                                U.S.C. 553(b)). This provision
                                                Waterways.                                                                                                     authorizes an agency to issue a rule
                                                  For the reasons discussed in the                                                                             without prior notice and opportunity to
                                                preamble, the Coast Guard amends 33                      DEPARTMENT OF HOMELAND                                comment when the agency for good
                                                CFR part 165 as follows:                                 SECURITY                                              cause finds that those procedures are
                                                                                                                                                               impracticable, unnecessary, or contrary
                                                PART 165—REGULATED NAVIGATION                            Coast Guard                                           to the public interest. Under 5 U.S.C.
                                                AREAS AND LIMITED ACCESS AREAS                                                                                 553(b)(B), the Coast Guard finds that
                                                                                                         33 CFR Part 165                                       good cause exists for not publishing a
                                                ■ 1. The authority citation for part 165                 [Docket Number USCG–2017–0666]                        notice of proposed rulemaking (NPRM)
                                                continues to read as follows:                                                                                  with respect to this rule. The event
                                                                                                         RIN 1625–AA00                                         sponsor did not submit notice to the
                                                  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;                                                                      Coast Guard with sufficient time
                                                                                                         Safety Zone; Oswego County                            remaining before the event to publish an
                                                Department of Homeland Security Delegation
                                                                                                         Paddlefest; Oswego River, Oswego,                     NPRM. Delaying the effective date of
                                                No. 0170.1.
                                                                                                         NY                                                    this rule to wait for a comment period
                                                ■ 2. Add § 165.T09–0580 to read as
                                                follows:                                                 AGENCY:    Coast Guard, DHS.                          to run would be impracticable and
                                                                                                         ACTION:   Temporary final rule.                       contrary to the public interest by
                                                § 165.T09–0580 Safety Zone; Cleveland                                                                          inhibiting the Coast Guard’s ability to
jstallworth on DSK7TPTVN1PROD with RULES




                                                Triathlon; Lake Erie, Cleveland, OH.                     SUMMARY:   The Coast Guard is                         protect spectators and vessels from the
                                                  (a) Location. This zone will                           establishing a temporary safety zone on               hazards associated with a large scale
                                                encompass all U.S. waterways of Lake                     the Oswego River, Oswego, NY. This                    paddle event.
                                                Erie at North Coast Harbor, Cleveland,                   safety zone is intended to restrict                     Under 5 U.S.C. 553(d)(3), the Coast
                                                OH within 100 feet of a line starting at                 vessels from portions of the Oswego                   Guard finds that good cause exists for
                                                position 41°30′34.6″ N., 081°41′51.3″ W.                 River during the Oswego County                        making this temporary rule effective less
                                                extending in a straight line to the East                 Paddlefest on July 22, 2017. This                     than 30 days after publication in the


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                                                                   Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations                                         32245

                                                Federal Register because doing so                        costs and provides that ‘‘for every one               jurisdiction and you have questions
                                                would be impracticable and contrary to                   new regulation issued, at least two prior             concerning its provisions or options for
                                                the public interest. Delaying the                        regulations be identified for elimination,            compliance, please contact the person
                                                effective date would be contrary to the                  and that the cost of planned regulations              listed in the FOR FURTHER INFORMATION
                                                rule’s objectives of ensuring safety of                  be prudently managed and controlled                   CONTACT section.
                                                life on the navigable waters and                         through a budgeting process.’’                           Small businesses may send comments
                                                protection of persons and vessels near                      This rule has not been designated a                on the actions of Federal employees
                                                the paddle event.                                        ‘‘significant regulatory action,’’ under              who enforce, or otherwise determine
                                                                                                         Executive Order 12866. Accordingly, it                compliance with, Federal regulations to
                                                III. Legal Authority and Need for Rule                   has not been reviewed by the Office of                the Small Business and Agriculture
                                                   The Coast Guard is issuing this rule                  Management and Budget.                                Regulatory Enforcement Ombudsman
                                                under authority in 33 U.S.C. 1231. The                      As this rule is not a significant                  and the Regional Small Business
                                                Captain of the Port Buffalo (COTP) has                   regulatory action, this rule is exempt                Regulatory Fairness Boards. The
                                                determined that a large scale paddle                     from the requirements of Executive                    Ombudsman evaluates these actions
                                                event presents significant risks to public               Order 13771. See OMB’s Memorandum                     annually and rates each agency’s
                                                safety and property. Such hazards                        titled ‘‘Interim Guidance Implementing                responsiveness to small business. If you
                                                include a large number of paddle craft                   Section 2 of the Executive Order of                   wish to comment on actions by
                                                transiting a relatively narrow river. This               January 30, 2017 titled ‘Reducing                     employees of the Coast Guard, call 1–
                                                rule is needed to protect personnel,                     Regulation and Controlling Regulatory                 888–REG–FAIR (1–888–734–3247). The
                                                vessels, and the marine environment in                   Costs’’’ (February 2, 2017).                          Coast Guard will not retaliate against
                                                the navigable waters within the safety                      We conclude that this rule is not a                small entities that question or complain
                                                zone while the paddle event is taking                    significant regulatory action because we              about this rule or any policy or action
                                                place.                                                   anticipate that it will have minimal                  of the Coast Guard.
                                                                                                         impact on the economy, will not
                                                IV. Discussion of the Rule                               interfere with other agencies, will not               C. Collection of Information
                                                  This rule establishes a moving safety                  adversely alter the budget of any grant                 This rule will not call for a new
                                                zone on July 22, 2017 from 7:45 a.m. to                  or loan recipients, and will not raise any            collection of information under the
                                                5:15 p.m. The safety zone will                           novel legal or policy issues. The safety              Paperwork Reduction Act of 1995 (44
                                                encompass all waters of the Oswego                       zone created by this rule will only be                U.S.C. 3501–3520).
                                                River and Oswego Harbor contained                        enforced in the vicinity of paddle craft
                                                                                                         groups and has been designed to allow                 D. Federalism and Indian Tribal
                                                within a 150 foot radius around groups
                                                                                                         vessels to transit around it. Thus,                   Governments
                                                of participant paddle craft starting at
                                                position 43°20′05.3″ N., 076°24′58.8″ W.                 restrictions on vessel movement within                   A rule has implications for federalism
                                                and traveling northwest to position                      the particular areas are expected to be               under Executive Order 13132,
                                                43°27′44.2″ N. 076°30′54.9″ W. (NAD                      minimal. Under certain conditions,                    Federalism, if it has a substantial direct
                                                83).                                                     moreover, vessels may still transit                   effect on the States, on the relationship
                                                  Entry into, transiting, or anchoring                   through the safety zone when permitted                between the national government and
                                                within the safety zone is prohibited                     by the Captain of the Port.                           the States, or on the distribution of
                                                unless authorized by the Captain of the                                                                        power and responsibilities among the
                                                                                                         B. Impact on Small Entities                           various levels of government. We have
                                                Port Buffalo or his designated on-scene
                                                representative. The Captain of the Port                     The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                                or his designated on-scene                               1980, 5 U.S.C. 601–612, as amended,                   have determined that it is consistent
                                                representative may be contacted via                      requires Federal agencies to consider                 with the fundamental federalism
                                                VHF Channel 16.                                          the potential impact of regulations on                principles and preemption requirements
                                                                                                         small entities during rulemaking. The                 described in Executive Order 13132.
                                                V. Regulatory Analyses                                   term ‘‘small entities’’ comprises small                  Also, this rule does not have tribal
                                                  We developed this rule after                           businesses, not-for-profit organizations              implications under Executive Order
                                                considering numerous statutes and                        that are independently owned and                      13175, Consultation and Coordination
                                                Executive Orders related to rulemaking.                  operated and are not dominant in their                with Indian Tribal Governments,
                                                Below we summarize our analyses                          fields, and governmental jurisdictions                because it does not have a substantial
                                                based on a number of these statutes and                  with populations of less than 50,000.                 direct effect on one or more Indian
                                                Executive Orders, and we discuss First                   The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                                Amendment rights of protestors.                          605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                                                                                         significant economic impact on a                      or on the distribution of power and
                                                A. Regulatory Planning and Review
                                                                                                         substantial number of small entities.                 responsibilities between the Federal
                                                   Executive Orders 12866 and 13563                         While some owners or operators of                  Government and Indian tribes. If you
                                                direct agencies to assess the costs and                  vessels intending to transit the safety               believe this rule has implications for
                                                benefits of available regulatory                         zone may be small entities, for the                   federalism or Indian tribes, please
                                                alternatives and, if regulation is                       reasons stated in section V.A above, this             contact the person listed in the FOR
                                                necessary, to select regulatory                          rule will not have a significant                      FURTHER INFORMATION CONTACT section
                                                approaches that maximize net benefits.                   economic impact on any vessel owner                   above.
                                                Executive Order 13563 emphasizes the                     or operator.
jstallworth on DSK7TPTVN1PROD with RULES




                                                importance of quantifying both costs                        Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                and benefits, of reducing costs, of                      Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                harmonizing rules, and of promoting                      Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                flexibility. Executive Order 13771                       we want to assist small entities in                   Federal agencies to assess the effects of
                                                (‘‘Reducing Regulation and Controlling                   understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                Regulatory Costs’’), directs agencies to                 would affect your small business,                     particular, the Act addresses actions
                                                reduce regulation and control regulatory                 organization, or governmental                         that may result in the expenditure by a


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                                                32246              Federal Register / Vol. 82, No. 133 / Thursday, July 13, 2017 / Rules and Regulations

                                                State, local, or tribal government, in the               River and Oswego Harbor contained                     Yacht Club Evening on the Bay
                                                aggregate, or by the private sector of                   within a 150 foot radius around groups                Fireworks on the Sturgeon Bay Ship
                                                $100,000,000 (adjusted for inflation) or                 of participant paddle craft starting at               Canal in Sturgeon Bay, WI from 8:30
                                                more in any one year. Though this rule                   position 43°20′08″ N., 076°24′58″ W.                  p.m. through 10:30 p.m. on August 12,
                                                will not result in such an expenditure,                  and traveling northwest to position                   2017. This action is necessary and
                                                we do discuss the effects of this rule                   43°27′44.2″ N., 076°30′54.9″ W. (NAD                  intended to ensure safety of life on
                                                elsewhere in this preamble.                              83).                                                  navigable waters immediately prior to,
                                                                                                           (b) Enforcement period. This                        during, and after the fireworks display.
                                                F. Environment                                           regulation will be enforced on July 22,               During the enforcement period, entry
                                                  We have analyzed this rule under                       2017 7:45 a.m. until 5:15 p.m.                        into, transiting, or anchoring within the
                                                Department of Homeland Security                            (c) Regulations. (1) In accordance with
                                                                                                         the general regulations in § 165.23, entry            safety zone is prohibited unless
                                                Management Directive 023–01 and
                                                Commandant Instruction M16475.lD,                        into, transiting, or anchoring within this            authorized by the Captain of the Port
                                                which guide the Coast Guard in                           safety zone is prohibited unless                      Lake Michigan or a designated on-scene
                                                complying with the National                              authorized by the Captain of the Port                 representative.
                                                Environmental Policy Act of 1969 (42                     Buffalo or his designated on-scene                    DATES: The regulations in 33 CFR
                                                U.S.C. 4321–4370f), and have                             representative.                                       165.929 will be enforced for the safety
                                                determined that it is one of a category                    (2) This safety zone is closed to all               zone listed in item (f)(4) of Table
                                                of actions that do not individually or                   vessel traffic, except as may be                      165.929 from 8:30 p.m. through 10:30
                                                cumulatively have a significant effect on                permitted by the Captain of the Port                  p.m. on August 12, 2017.
                                                the human environment. This rule                         Buffalo or his designated on-scene
                                                establishes a temporary safety zone. It is               representative.                                       FOR FURTHER INFORMATION CONTACT:   If
                                                categorically excluded under section                       (3) The ‘‘on-scene representative’’ of              you have questions about this notice of
                                                2.B.2, figure 2–1, paragraph 34(g) of the                the Captain of the Port Buffalo is any                enforcement, call or email marine event
                                                Instruction, which pertains to                           Coast Guard commissioned, warrant or                  coordinator, MST1 Kaleena Carpino,
                                                establishment of safety zones. A Record                  petty officer who has been designated                 Prevention Department, Coast Guard
                                                of Environmental Consideration (REC)                     by the Captain of the Port Buffalo to act             Sector Lake Michigan, Milwaukee, WI;
                                                supporting this determination is                         on his behalf.                                        telephone (414) 747–7148, email D09-
                                                available in the docket where indicated                    (4) Vessel operators desiring to enter              SMB-SECLakeMichigan-WWM@
                                                in the ADDRESSES section of this                         or operate within the safety zone must                uscg.mil.
                                                preamble.                                                contact the Captain of the Port Buffalo
                                                                                                         or his on-scene representative to obtain              SUPPLEMENTARY INFORMATION:       The Coast
                                                G. Protest Activities                                    permission to do so. The Captain of the               Guard will enforce the Sturgeon Bay
                                                  The Coast Guard respects the First                     Port Buffalo or his on-scene                          Yacht Club Evening on the Bay
                                                Amendment rights of protesters.                          representative may be contacted via                   Fireworks safety zone listed as item
                                                Protesters are asked to contact the                      VHF Channel 16. Vessel operators given                (f)(4) in Table 165.929 of 33 CFR
                                                person listed in the FOR FURTHER                         permission to enter or operate in the                 165.929 from 8:30 p.m. through 10:30
                                                INFORMATION CONTACT section to                           safety zone must comply with all                      p.m. on August 12, 2017 on all waters
                                                coordinate protest activities so that your               directions given to them by the Captain               of the Sturgeon Bay Ship Canal within
                                                message can be received without                          of the Port Buffalo, or his on-scene
                                                                                                                                                               the arc of a circle with a 500-foot radius
                                                jeopardizing the safety or security of                   representative.
                                                                                                                                                               from a center point launch position at
                                                people, places or vessels.                                  Dated: July 6, 2017.                               44°49.297′ N., 087°21.447′ W. (NAD 83).
                                                List of Subjects in 33 CFR Part 165                      J.S. Dufresne,
                                                                                                                                                                  Entry into, transiting, or anchoring
                                                                                                         Captain, U.S. Coast Guard, Captain of the
                                                  Harbors, Marine safety, Navigation                     Port Buffalo.
                                                                                                                                                               within the safety zone is prohibited
                                                (water), Reporting and recordkeeping                                                                           unless authorized by the Captain of the
                                                                                                         [FR Doc. 2017–14691 Filed 7–12–17; 8:45 am]
                                                requirements, Security measures,                                                                               Port Lake Michigan or a designated on-
                                                                                                         BILLING CODE 9110–04–P
                                                Waterways.                                                                                                     scene representative. The Captain of the
                                                  For the reasons discussed in the                                                                             Port Lake Michigan or a representative
                                                preamble, the Coast Guard amends 33                      DEPARTMENT OF HOMELAND                                may be contacted at 414–747–7182 or
                                                CFR part 165 as follows:                                 SECURITY                                              via Channel 16, VHF–FM.
                                                                                                                                                                  This notice of enforcement is issued
                                                PART 165—REGULATED NAVIGATION                            Coast Guard                                           under authority of 33 CFR 165.929,
                                                AREAS AND LIMITED ACCESS AREAS
                                                                                                                                                               Safety Zones; Annual events requiring
                                                                                                         33 CFR Part 165
                                                ■ 1. The authority citation for part 165                                                                       safety zones in the Captain of the Port
                                                continues to read as follows:                            [Docket No. USCG–2017–0631]                           Lake Michigan zone, and 5 U.S.C.
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                                                                               552(a). In addition to this publication in
                                                                                                         Safety Zone; Annual Events Requiring                  the Federal Register, the Coast Guard
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                Safety Zones in the Captain of the Port
                                                Department of Homeland Security Delegation                                                                     plans to provide the maritime
                                                                                                         Lake Michigan Zone-Sturgeon Bay
                                                No. 0170.1.                                                                                                    community with advance notification
                                                                                                         Yacht Club Evening on the Bay
                                                ■ 2. Add § 165.T09–0666 to read as                                                                             for the enforcement of this safety zone
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                         Fireworks
                                                follows:                                                                                                       via Broadcast Notice to Mariners or
                                                                                                         AGENCY:  Coast Guard, DHS.                            Local Notice to Mariners. The Captain of
                                                § 165.T09–0666 Safety Zone; Oswego                       ACTION: Notice of enforcement of                      the Port Lake Michigan or a
                                                County Paddlefest, Oswego River, Oswego,
                                                                                                         regulation.                                           representative may be contacted at 414–
                                                NY.
                                                                                                                                                               747–7182 or via Channel 16, VHF–FM.
                                                  (a) Location. The safety zone will                     SUMMARY:   The Coast Guard will enforce
                                                encompass all waters of the Oswego                       the safety zone for the Sturgeon Bay


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Document Created: 2017-07-13 01:00:38
Document Modified: 2017-07-13 01:00:38
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 7:45 a.m. to 5:15 p.m. on July 22, 2017.
ContactIf you have questions about this rulemaking, call or email LT Michael Collet, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected]
FR Citation82 FR 32244 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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