82_FR_34401 82 FR 34261 - Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish Creek, Sylvan Beach, NY

82 FR 34261 - Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish Creek, Sylvan Beach, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 140 (July 24, 2017)

Page Range34261-34263
FR Document2017-15392

The Coast Guard is establishing a temporary safety zone on the Erie Canal System, Fish Creek, Sylvan Beach, NY. This safety zone is intended to restrict vessels from portions of the Erie Canal System at Fish Creek during the Canal Fest Water Ski Show on August 13, 2017. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with high speed craft and water skiers. 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 140 (Monday, July 24, 2017)
[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Rules and Regulations]
[Pages 34261-34263]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15392]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0385]
RIN 1625-AA00


Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish 
Creek, Sylvan Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Erie Canal System, Fish Creek, Sylvan Beach, NY. This safety zone is 
intended to restrict vessels from portions of the Erie Canal System at 
Fish Creek during the Canal Fest Water Ski Show on August 13, 2017. 
This temporary safety zone is necessary to protect mariners and vessels 
from the navigational hazards associated with high speed craft and 
water skiers. 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 12:15 p.m. to 2:45 p.m. August 13, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 34262]]

available in the docket, go to http://www.regulations.gov, type USCG-
2017-0385 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

    On April 9, 2017, the Sylvan Verona Beach Resort Association 
notified the Coast Guard that from 12:30 p.m. to 2:30 p.m. on August 
13, 2017, it will be conducting a water ski show in the Erie Canal 
System at Fish Creek in Sylvan Beach, NY. In response, on June 9, 2017, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish Creek, 
Sylvan Beach, NY. There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this water ski 
show. During the comment period that ended July 10, 2017, we received 0 
comments.
    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 water ski show.

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 
water ski show presents significant risks to public safety and 
property. Such hazards include high speed craft and multiple water 
skiers performing in a relatively small area. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the water ski show is taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone on August 13, 2017 12:15 p.m. 
to 2:45 p.m. The safety zone will encompass all waters of the Erie 
Canal System, Fish Creek, Sylvan Beach, NY contained within the 
following points: 43[deg]11'37.79'' N., 075[deg]43'53.27'' W., running 
Northeast to position 43[deg]11'43.15'' N., 075[deg]43'44.88'' W., then 
Southeast to 43[deg]11'42.82'' N., 075[deg]43'43.42'' W. then Southwest 
to 43[deg]11'36.90'' N., 075[deg]43'52.06'' W. then returning to the 
point of origin (NAD83).
    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 short duration of time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
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

[[Page 34263]]

about this rule or any policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such 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.T09-0385 to read as follows:


Sec.  165.T09-0385  Safety Zone; Canal Fest Water Ski Show, Erie Canal 
System, Fish Creek, Sylvan Beach, NY.

    (a) Location. The safety zone will encompass all waters of the Erie 
Canal System, Fish Creek starting at position 43[deg]11'37.79'' N., 
075[deg]43'53.27'' W., running Northeast to position 43[deg]11'43.15'' 
N., 075[deg]43'44.88'' W., then Southeast to 43[deg]11'42.82'' N., 
075[deg]43'43.42'' W. then Southwest to 43[deg]11'36.90'' N., 
075[deg]43'52.06'' W. then returning to the point of origin. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on August 
13, 2017 from 12:15 p.m. until 2:45 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: July 18, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-15392 Filed 7-21-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                  Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Rules and Regulations                                                34261

                                              the FAA amends part 39 of the Federal                    detected, replace the affected DV with a DV              (2) You must use this service information
                                              Aviation Regulations (14 CFR part 39) as                 eligible for installation before the next flight.     as applicable to do the actions required by
                                              follows:                                                    (3) If, during any inspection required by          this AD, unless the AD specifies otherwise.
                                                                                                       this AD, the wrapping is found defective                 (i) Safran Helicopter Engines Alert
                                              PART 39—AIRWORTHINESS                                    (loose, missing, or damaged), before the next         Mandatory Service Bulletin No. A292 73
                                                                                                       flight, remove the wrap and re-wrap the               0853, Version A, dated April 7, 2017.
                                              DIRECTIVES                                               affected DV using the Accomplishment                     (ii) Reserved.
                                                                                                       Instructions, paragraph 2.4, of Safran                   (3) For Safran Helicopter Engines service
                                              ■ 1. The authority citation for part 39                  Helicopter Engines Alert MSB No. A292 73              information identified in this AD, contact
                                              continues to read as follows:                            0853, Version A, dated April 7, 2017.                 Safran Helicopter Engines, S.A., 40220
                                                  Authority: 49 U.S.C. 106(g), 40113, 44701.              (4) If you replace the affected DV with            Tarnos, France; phone: (33) 05 59 74 40 00;
                                                                                                       another affected DV eligible for installation,        fax: (33) 05 59 74 45 15.
                                              § 39.13   [Amended]                                      you must still continue to perform the                   (4) You may view this service information
                                                                                                       repetitive inspections required by paragraph          at FAA, Engine & Propeller Directorate, 1200
                                              ■ 2. The FAA amends § 39.13 by                           (f)(2) of this AD.                                    District Avenue, Burlington, MA. For
                                              removing airworthiness directive (AD)                                                                          information on the availability of this
                                                                                                       (g) Installation Prohibition
                                              2017–04–51, Amendment 39–18824 (82                                                                             material at the FAA, call 781–238–7125.
                                              FR 13753, March 15, 2017), and adding                       From the effective date of this AD, do not
                                                                                                                                                                (5) You may view this service information
                                                                                                       install any engine with an affected DV on any
                                              the following new AD:                                    helicopter unless the DV has been wrapped
                                                                                                                                                             at the National Archives and Records
                                              2017–15–07 Safran Helicopter Engines,                                                                          Administration (NARA). For information on
                                                                                                       and is leak-free in accordance with the
                                                  S.A.: Amendment 39–18967; Docket No.                 instructions in paragraph 2.4 of Safran               the availability of this material at NARA, call
                                                  FAA–2017–0115; Directorate Identifier                Helicopter Engines Alert MSB No. A292 73              202–741–6030, or go to: http://
                                                  2017–NE–04–AD.                                       0853, Version A, dated April 7, 2017.                 www.archives.gov/federal-register/cfr/ibr-
                                                                                                                                                             locations.html.
                                              (a) Effective Date                                       (h) Definition
                                                                                                                                                               Issued in Burlington, Massachusetts, on
                                                This AD is effective August 8, 2017.                      For the purpose of this AD, a DV eligible          July 13, 2017.
                                                                                                       for installation is:
                                              (b) Affected ADs                                                                                               Robert J. Ganley,
                                                                                                          (1) A DV that is not affected by this AD;
                                                This AD replaces AD 2017–04–51,                        or                                                    Acting Manager, Engine & Propeller
                                              Amendment 39–18824 (82 FR 13753, March                      (2) a DV that is affected by this AD, is leak-     Directorate, Aircraft Certification Service.
                                              15, 2017).                                               free, and is wrapped in accordance with the           [FR Doc. 2017–15434 Filed 7–21–17; 8:45 am]
                                                                                                       Accomplishment Instructions, paragraph 2.4,           BILLING CODE 4910–13–P
                                              (c) Applicability                                        of Safran Helicopter Engines Alert MSB No.
                                                 This AD applies to all Safran Helicopter              A292 73 0853, Version A, dated April 7,
                                              Engines, S.A., Arriel 1A1, 1A2, 1B, 1C, 1C1,             2017.
                                              1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1                                                                            DEPARTMENT OF HOMELAND
                                                                                                       (i) Credit for Previous Actions                       SECURITY
                                              turboshaft engines equipped with a drain
                                              valve assembly (DV) manufactured, repaired,                 You may take credit for the initial
                                              or overhauled after December 31, 2015; with              inspection and corrective actions (including          Coast Guard
                                              a diaphragm, part number 9 164 95 002 0,                 wrapping of a DV) accomplished before the
                                              installed.                                               effective date of this AD using the                   33 CFR Part 165
                                                                                                       Accomplishment Instructions, paragraph 2,
                                              (d) Subject                                              of Safran Helicopter Engines Alert MSB No.            [Docket Number USCG–2017–0385]
                                                Joint Aircraft System Component (JASC)                 A292 73 0851, Version A, dated January 31,
                                              Code 7321, Fuel Control/Turbine Engines.                 2017.                                                 RIN 1625–AA00

                                              (e) Unsafe Condition                                     (j) Alternative Methods of Compliance
                                                                                                                                                             Safety Zone; Canal Fest Water Ski
                                                                                                       (AMOCs)
                                                 This AD was prompted by reports of fuel                                                                     Show; Erie Canal System, Fish Creek,
                                              leaks originating from the DV on certain                    (1) The Manager, Engine Certification              Sylvan Beach, NY
                                              Arriel engines. We are issuing this AD to                Office, may approve AMOCs for this AD. Use
                                              prevent an engine compartment fire, in-flight            the procedures found in 14 CFR 39.19 to               AGENCY:    Coast Guard, DHS.
                                              shutdown, and damage to the helicopter.                  make your request. You may email your
                                                                                                       request to: ANE-AD-AMOC@faa.gov.                      ACTION:   Temporary final rule.
                                              (f) Compliance                                              (2) Before using any approved AMOC,
                                                                                                       notify your appropriate principal inspector,
                                                                                                                                                             SUMMARY:   The Coast Guard is
                                                 Comply with this AD within the                                                                              establishing a temporary safety zone on
                                              compliance times specified, unless already               or lacking a principal inspector, the manager
                                                                                                       of the local flight standards district office/        the Erie Canal System, Fish Creek,
                                              done.
                                                 (1) Within 10 flight hours or 7 days,                 certificate holding district office.                  Sylvan Beach, NY. This safety zone is
                                              whichever occurs first, after the effective date         (k) Related Information
                                                                                                                                                             intended to restrict vessels from
                                              of this AD, visually inspect the affected DV                                                                   portions of the Erie Canal System at
                                                                                                         (1) For further information about this AD,          Fish Creek during the Canal Fest Water
                                              for fuel leakage:                                        contact: Robert Green, Aerospace Engineer,
                                                 (i) If a fuel leak is detected, replace the           Engine Certification Office, FAA, Engine &            Ski Show on August 13, 2017. This
                                              affected DV with a DV eligible for                       Propeller Directorate, 1200 District Avenue,          temporary safety zone is necessary to
                                              installation, before the next flight.                    Burlington, MA 01803; phone: 781–238–                 protect mariners and vessels from the
                                                 (ii) If no fuel leak is detected, before the          7754; fax: 781–238–7199; email:                       navigational hazards associated with
                                              next flight, wrap the affected DV with a self-           robert.green@faa.gov.                                 high speed craft and water skiers. Entry
                                              amalgamate tape or heat shrinkable tubing                  (2) Refer to MCAI European Aviation
                                              using the Accomplishment Instructions,
                                                                                                                                                             of vessels or persons into this zone is
                                                                                                       Safety Agency AD No. 2017–0064R1, dated               prohibited unless specifically
srobinson on DSKBC5CHB2PROD with RULES




                                              paragraph 2.4, in Safran Helicopter Engines              June 27, 2017, for more information.
                                              Alert Mandatory Service Bulletin (MSB) No.                                                                     authorized by the Captain of the Port
                                              A292 73 0853, Version A, dated April 7,                  (l) Material Incorporated by Reference                Buffalo.
                                              2017.                                                       (1) The Director of the Federal Register           DATES: This rule is effective from 12:15
                                                 (2) After wrapping an affected DV, as                 approved the incorporation by reference
                                              specified in paragraph (f)(1) of this AD,                (IBR) of the service information listed in this
                                                                                                                                                             p.m. to 2:45 p.m. August 13, 2017.
                                              inspect the DV for fuel leakage before each              paragraph under 5 U.S.C. 552(a) and 1 CFR             ADDRESSES: To view documents
                                              first flight of the day. If a fuel leak is               part 51.                                              mentioned in this preamble as being


                                         VerDate Sep<11>2014   16:26 Jul 21, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4700   Sfmt 4700   E:\FR\FM\24JYR1.SGM   24JYR1


                                              34262               Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Rules and Regulations

                                              available in the docket, go to http://                   IV. Discussion of the Rule                            anticipate that it will have minimal
                                              www.regulations.gov, type USCG–2017–                       This rule establishes a safety zone on              impact on the economy, will not
                                              0385 in the ‘‘SEARCH’’ box and click                     August 13, 2017 12:15 p.m. to 2:45 p.m.               interfere with other agencies, will not
                                              ‘‘SEARCH.’’ Click on Open Docket                         The safety zone will encompass all                    adversely alter the budget of any grant
                                              Folder on the line associated with this                  waters of the Erie Canal System, Fish                 or loan recipients, and will not raise any
                                              rule.                                                    Creek, Sylvan Beach, NY contained                     novel legal or policy issues. The safety
                                              FOR FURTHER INFORMATION CONTACT: If                      within the following points:                          zone created by this rule will be
                                              you have questions about this                            43°11′37.79″ N., 075°43′53.27″ W.,                    relatively small and enforced for a short
                                              rulemaking, call or email LT Michael                     running Northeast to position                         duration of time. Also, the safety zone
                                              Collet, Chief of Waterways Management,                   43°11′43.15″ N., 075°43′44.88″ W., then               is designed to minimize its impact on
                                              U.S. Coast Guard Sector Buffalo;                         Southeast to 43°11′42.82″ N.,                         navigable waters. Thus, restrictions on
                                              telephone 716–843–9322, email D09-                       075°43′43.42″ W. then Southwest to                    vessel movement within the particular
                                              SMB-SECBuffalo-WWM@uscg.mil.                             43°11′36.90″ N., 075°43′52.06″ W. then                areas are expected to be minimal. Under
                                              SUPPLEMENTARY INFORMATION:                               returning to the point of origin (NAD83).             certain conditions, moreover, vessels
                                                                                                         Entry into, transiting, or anchoring                may still transit through the safety zone
                                              I. Table of Abbreviations                                within the safety zone is prohibited                  when permitted by the Captain of the
                                              CFR Code of Federal Regulations                          unless authorized by the Captain of the               Port.
                                              DHS Department of Homeland Security                      Port Buffalo or his designated on-scene               B. Impact on Small Entities
                                              FR Federal Register                                      representative. The Captain of the Port
                                              NPRM Notice of proposed rulemaking                       or his designated on-scene                               The Regulatory Flexibility Act of
                                              § Section                                                representative may be contacted via                   1980, 5 U.S.C. 601–612, as amended,
                                              U.S.C. United States Code
                                                                                                       VHF Channel 16.                                       requires Federal agencies to consider
                                                                                                                                                             the potential impact of regulations on
                                              II. Background Information and                           V. Regulatory Analyses                                small entities during rulemaking. The
                                              Regulatory History                                                                                             term ‘‘small entities’’ comprises small
                                                                                                         We developed this rule after
                                                 On April 9, 2017, the Sylvan Verona                   considering numerous statutes and                     businesses, not-for-profit organizations
                                              Beach Resort Association notified the                    Executive Orders related to rulemaking.               that are independently owned and
                                              Coast Guard that from 12:30 p.m. to 2:30                 Below we summarize our analyses                       operated and are not dominant in their
                                              p.m. on August 13, 2017, it will be                      based on a number of these statutes and               fields, and governmental jurisdictions
                                              conducting a water ski show in the Erie                  Executive Orders, and we discuss First                with populations of less than 50,000.
                                              Canal System at Fish Creek in Sylvan                     Amendment rights of protestors.                       The Coast Guard certifies under 5 U.S.C.
                                              Beach, NY. In response, on June 9, 2017,                                                                       605(b) that this rule will not have a
                                              the Coast Guard published a notice of                    A. Regulatory Planning and Review                     significant economic impact on a
                                              proposed rulemaking (NPRM) titled                           Executive Orders 12866 and 13563                   substantial number of small entities.
                                              Safety Zone; Canal Fest Water Ski                        direct agencies to assess the costs and                  While some owners or operators of
                                              Show; Erie Canal System, Fish Creek,                     benefits of available regulatory                      vessels intending to transit the safety
                                              Sylvan Beach, NY. There we stated why                    alternatives and, if regulation is                    zone may be small entities, for the
                                              we issued the NPRM, and invited                          necessary, to select regulatory                       reasons stated in section V.A above, this
                                              comments on our proposed regulatory                      approaches that maximize net benefits.                rule will not have a significant
                                              action related to this water ski show.                   Executive Order 13563 emphasizes the                  economic impact on any vessel owner
                                              During the comment period that ended                     importance of quantifying both costs                  or operator.
                                              July 10, 2017, we received 0 comments.                   and benefits, of reducing costs, of                      Under section 213(a) of the Small
                                                 Under 5 U.S.C. 553(d)(3), the Coast                   harmonizing rules, and of promoting                   Business Regulatory Enforcement
                                              Guard finds that good cause exists for                   flexibility. Executive Order 13771                    Fairness Act of 1996 (Pub. L. 104–121),
                                              making this temporary rule effective less                (‘‘Reducing Regulation and Controlling                we want to assist small entities in
                                              than 30 days after publication in the                    Regulatory Costs’’), directs agencies to              understanding this rule. If the rule
                                              Federal Register because doing so                        reduce regulation and control regulatory              would affect your small business,
                                              would be impracticable and contrary to                   costs and provides that ‘‘for every one               organization, or governmental
                                              the public interest. Delaying the                        new regulation issued, at least two prior             jurisdiction and you have questions
                                              effective date would be contrary to the                  regulations be identified for elimination,            concerning its provisions or options for
                                              rule’s objectives of ensuring safety of                  and that the cost of planned regulations              compliance, please contact the person
                                              life on the navigable waters and                         be prudently managed and controlled                   listed in the FOR FURTHER INFORMATION
                                              protection of persons and vessels near                   through a budgeting process.’’                        CONTACT section.
                                              the water ski show.                                         This rule has not been designated a                   Small businesses may send comments
                                                                                                       ‘‘significant regulatory action,’’ under              on the actions of Federal employees
                                              III. Legal Authority and Need for Rule                                                                         who enforce, or otherwise determine
                                                                                                       Executive Order 12866. Accordingly, it
                                                 The Coast Guard is issuing this rule                  has not been reviewed by the Office of                compliance with, Federal regulations to
                                              under authority in 33 U.S.C. 1231. The                   Management and Budget.                                the Small Business and Agriculture
                                              Captain of the Port Buffalo (COTP) has                      As this rule is not a significant                  Regulatory Enforcement Ombudsman
                                              determined that a water ski show                         regulatory action, this rule is exempt                and the Regional Small Business
                                              presents significant risks to public                     from the requirements of Executive                    Regulatory Fairness Boards. The
                                              safety and property. Such hazards                        Order 13771. See OMB’s Memorandum                     Ombudsman evaluates these actions
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                                              include high speed craft and multiple                    titled ‘‘Interim Guidance Implementing                annually and rates each agency’s
                                              water skiers performing in a relatively                  Section 2 of the Executive Order of                   responsiveness to small business. If you
                                              small area. This rule is needed to                       January 30, 2017 titled ‘Reducing                     wish to comment on actions by
                                              protect personnel, vessels, and the                      Regulation and Controlling Regulatory                 employees of the Coast Guard, call 1–
                                              marine environment in the navigable                      Costs’ ’’ (February 2, 2017).                         888–REG–FAIR (1–888–734–3247). The
                                              waters within the safety zone while the                     We conclude that this rule is not a                Coast Guard will not retaliate against
                                              water ski show is taking place.                          significant regulatory action because we              small entities that question or complain


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                                                                  Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Rules and Regulations                                                34263

                                              about this rule or any policy or action                  establishes a temporary safety zone. It is            permitted by the Captain of the Port
                                              of the Coast Guard.                                      categorically excluded under section                  Buffalo or his designated on-scene
                                                                                                       2.B.2, figure 2–1, paragraph 34(g) of the             representative.
                                              C. Collection of Information
                                                                                                       Instruction, which pertains to                          (3) The ‘‘on-scene representative’’ of
                                                This rule will not call for a new                      establishment of safety zones. A Record               the Captain of the Port Buffalo is any
                                              collection of information under the                      of Environmental Consideration (REC)                  Coast Guard commissioned, warrant or
                                              Paperwork Reduction Act of 1995 (44                      supporting this determination is                      petty officer who has been designated
                                              U.S.C. 3501–3520).                                       available in the docket where indicated               by the Captain of the Port Buffalo to act
                                              D. Federalism and Indian Tribal                          in the ADDRESSES section of this                      on his behalf.
                                              Governments                                              preamble.                                               (4) Vessel operators desiring to enter
                                                                                                                                                             or operate within the safety zone must
                                                 A rule has implications for federalism                G. Protest Activities
                                                                                                                                                             contact the Captain of the Port Buffalo
                                              under Executive Order 13132,                               The Coast Guard respects the First                  or his on-scene representative to obtain
                                              Federalism, if it has a substantial direct               Amendment rights of protesters.                       permission to do so. The Captain of the
                                              effect on the States, on the relationship                Protesters are asked to contact the                   Port Buffalo or his on-scene
                                              between the national government and                      person listed in the FOR FURTHER                      representative may be contacted via
                                              the States, or on the distribution of                    INFORMATION CONTACT section to                        VHF Channel 16. Vessel operators given
                                              power and responsibilities among the                     coordinate protest activities so that your            permission to enter or operate in the
                                              various levels of government. We have                    message can be received without                       safety zone must comply with all
                                              analyzed this rule under that Order and                  jeopardizing the safety or security of                directions given to them by the Captain
                                              have determined that it is consistent                    people, places or vessels.                            of the Port Buffalo, or his on-scene
                                              with the fundamental federalism                                                                                representative.
                                              principles and preemption requirements                   List of Subjects in 33 CFR Part 165
                                              described in Executive Order 13132.                        Harbors, Marine safety, Navigation                    Dated: July 18, 2017.
                                                 Also, this rule does not have tribal                  (water), Reporting and recordkeeping                  Joseph S. Dufresne,
                                              implications under Executive Order                       requirements, Security measures,                      Captain, U.S. Coast Guard, Captain of the
                                              13175, Consultation and Coordination                     Waterways.                                            Port Buffalo.
                                              with Indian Tribal Governments,                            For the reasons discussed in the                    [FR Doc. 2017–15392 Filed 7–21–17; 8:45 am]
                                              because it does not have a substantial                   preamble, the Coast Guard amends 33                   BILLING CODE 9110–04–P
                                              direct effect on one or more Indian                      CFR part 165 as follows:
                                              tribes, on the relationship between the
                                              Federal Government and Indian tribes,                    PART 165—REGULATED NAVIGATION                         DEPARTMENT OF THE INTERIOR
                                              or on the distribution of power and                      AREAS AND LIMITED ACCESS AREAS
                                              responsibilities between the Federal                                                                           Fish and Wildlife Service
                                              Government and Indian tribes. If you                     ■ 1. The authority citation for part 165
                                              believe this rule has implications for                   continues to read as follows:                         50 CFR Part 92
                                              federalism or Indian tribes, please                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;           [Docket No. FWS–R7–MB–2015–0172;
                                              contact the person listed in the FOR                     33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;             FF07M01000–178–FXMB12310700000]
                                              FURTHER INFORMATION CONTACT section                      Department of Homeland Security Delegation
                                              above.                                                   No. 0170.1.                                           RIN 1018–BB24
                                              E. Unfunded Mandates Reform Act                          ■ 2. Add § 165.T09–0385 to read as
                                                                                                                                                             Migratory Bird Subsistence Harvest in
                                                                                                       follows:
                                                The Unfunded Mandates Reform Act                                                                             Alaska; Use of Inedible Bird Parts in
                                              of 1995 (2 U.S.C. 1531–1538) requires                    § 165.T09–0385 Safety Zone; Canal Fest                Authentic Alaska Native Handicrafts
                                              Federal agencies to assess the effects of                Water Ski Show, Erie Canal System, Fish               for Sale
                                              their discretionary regulatory actions. In               Creek, Sylvan Beach, NY.
                                                                                                                                                             AGENCY:   Fish and Wildlife Service,
                                              particular, the Act addresses actions                      (a) Location. The safety zone will
                                                                                                                                                             Interior.
                                              that may result in the expenditure by a                  encompass all waters of the Erie Canal
                                              State, local, or tribal government, in the               System, Fish Creek starting at position               ACTION: Final rule.
                                              aggregate, or by the private sector of                   43°11′37.79″ N., 075°43′53.27″ W.,
                                                                                                                                                             SUMMARY:   The U.S. Fish and Wildlife
                                              $100,000,000 (adjusted for inflation) or                 running Northeast to position
                                                                                                                                                             Service (Service or we) is amending the
                                              more in any one year. Though this rule                   43°11′43.15″ N., 075°43′44.88″ W., then
                                                                                                                                                             permanent migratory bird subsistence-
                                              will not result in such expenditure, we                  Southeast to 43°11′42.82″ N.,
                                                                                                                                                             harvest regulations in Alaska. This rule
                                              do discuss the effects of this rule                      075°43′43.42″ W. then Southwest to
                                                                                                                                                             enables Alaska Natives to sell authentic
                                              elsewhere in this preamble.                              43°11′36.90″ N., 075°43′52.06″ W. then
                                                                                                                                                             native articles of handicraft or clothing
                                                                                                       returning to the point of origin. (NAD
                                              F. Environment                                                                                                 that contain inedible byproducts from
                                                                                                       83).
                                                We have analyzed this rule under                                                                             migratory birds that were taken for food
                                                                                                         (b) Enforcement period. This
                                              Department of Homeland Security                                                                                during the Alaska migratory bird
                                                                                                       regulation will be enforced on August
                                              Management Directive 023–01 and                                                                                subsistence-harvest season. This rule
                                                                                                       13, 2017 from 12:15 p.m. until 2:45 p.m.
                                              Commandant Instruction M16475.lD,                          (c) Regulations. (1) In accordance with             was developed under a co-management
                                              which guide the Coast Guard in                           the general regulations in § 165.23 of                process involving the Service, the
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                                              complying with the National                              this part, entry into, transiting, or                 Alaska Department of Fish and Game,
                                              Environmental Policy Act of 1969 (42                     anchoring within this safety zone is                  and Alaska Native representatives.
                                              U.S.C. 4321–4370f), and have                             prohibited unless authorized by the                   DATES: This rule is effective August 23,
                                              determined that it is one of a category                  Captain of the Port Buffalo or his                    2017.
                                              of actions that do not individually or                   designated on-scene representative.                   FOR FURTHER INFORMATION CONTACT:
                                              cumulatively have a significant effect on                  (2) This safety zone is closed to all               Donna Dewhurst, U.S. Fish and Wildlife
                                              the human environment. This rule                         vessel traffic, except as may be                      Service, 1011 E. Tudor Road, Mail Stop


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Document Created: 2017-07-22 01:20:01
Document Modified: 2017-07-22 01:20:01
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 12:15 p.m. to 2:45 p.m. August 13, 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 34261 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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