83 FR 45569 - Safety Zone; Helocast Water Insertion Operation; Black River Bay, Sackets Harbor, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range		45569-45571
FR Document		2018-19562

The Coast Guard is establishing a temporary safety zone for navigable waters within a 1,000-foot radius of the water insertion site located 600 feet offshore of Sackets Harbor Battlefield, Black River Bay, Sackets Harbor, NY. This safety zone is intended to restrict vessels from portions of the Black River Bay during the Helocast Water Insertion Training Event. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with this event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018)

[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Rules and Regulations]
[Pages 45569-45571]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19562]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0763]
RIN 1625-AA00


Safety Zone; Helocast Water Insertion Operation; Black River Bay, 
Sackets Harbor, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters within a 1,000-foot radius of the water insertion site 
located 600 feet offshore of Sackets Harbor Battlefield, Black River 
Bay, Sackets Harbor, NY. This safety zone is intended to restrict 
vessels from portions of the Black River Bay during the Helocast Water 
Insertion Training Event. This temporary safety zone is necessary to 
protect mariners and vessels from the navigational hazards associated 
with this 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 6:00 a.m. until 2:00 p.m. on 
September 14, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0763 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LTJG Sean Dolan, Chief Waterways Management Division, 
U.S. Coast Guard; telephone 716-843-9322, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because 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 would be contrary 
to the rule's objectives of ensuring safety of life on the navigable 
waters and protection of persons and vessels in vicinity of the 
fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date would 
be contrary to the rule's objectives of enhancing safety of life on the 
navigable waters and protection of persons and vessels in vicinity of 
the Helocast Water Insertion Training 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 
helicopter training with swimmers jumping to the water presents 
significant risks to the public safety and property. Such hazards 
include excessive winds from helicopter, rougher than normal waters, 
dangerous projectiles, and falling debris. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the Helocast Water Insertion 
Training takes place.

IV. Discussion of the Rule

    This rule establishes a safety zone on September 14, 2018, from 
6:00 a.m. until 2:00 p.m. The safety zone will encompass all waters of 
the Black River Bay, Sackets Harbor, NY contained within a 1,000-foot 
radius of: 43[deg]57'11.1'' N, 76[deg]07'26.3'' W.
    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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the conclusion 
that this rule is not a significant regulatory action. We anticipate 
that it will have minimal impact on the economy, will not interfere 
with other agencies, will not adversely alter the budget of any grant 
or loan recipients, and will not raise any novel legal or policy 
issues. The safety zone created by this rule will be relatively small 
and enforced for a relatively short time. Also, the safety zone has 
been designed to allow vessels

[[Page 45570]]

to transit around it. Thus, restrictions on vessel movement within that 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.1D, 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 this action is 
one of a category of actions that do not individually or cumulatively 
have a significant effect on the human environment. This rule 
establishes a safety zone. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES.

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.T09-0763 to read as follows:


Sec.  165.T09-0763  Safety Zone; Helocast Water Insertion Training; 
Black River Bay, Sackets Harbor, NY.

    (a) Location. The safety zone will encompass all waters of the 
Black River Bay; Sackets Harbor, NY contained within a 1,000-foot 
radius of: 43[deg]57'11.1'' N, 76[deg]07'26.3'' W.
    (b) Enforcement period. This regulation will be enforced from 6:00 
a.m. until 2:00 p.m. on September 14, 2018.
    (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

[[Page 45571]]

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: September 5, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-19562 Filed 9-7-18; 8:45 am]
 BILLING CODE 9110-04-P

45570 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations

to transit around it. Thus, restrictions on D. Federalism and Indian Tribal G. Protest Activities
vessel movement within that particular Governments The Coast Guard respects the First
area are expected to be minimal. Under A rule has implications for federalism Amendment rights of protesters.
certain conditions, moreover, vessels under Executive Order 13132, Protesters are asked to contact the
may still transit through the safety zone Federalism, if it has a substantial direct person listed in the FOR FURTHER
when permitted by the Captain of the effect on the States, on the relationship INFORMATION CONTACT section to
Port. between the national government and coordinate protest activities so that your
B. Impact on Small Entities the States, or on the distribution of message can be received without
power and responsibilities among the jeopardizing the safety or security of
The Regulatory Flexibility Act of various levels of government. We have people, places or vessels.
1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and
requires Federal agencies to consider List of Subjects in 33 CFR Part 165
have determined that it is consistent
the potential impact of regulations on with the fundamental federalism Harbors, Marine safety, Navigation
small entities during rulemaking. The principles and preemption requirements (water), Reporting and recordkeeping
term ‘‘small entities’’ comprises small described in Executive Order 13132. requirements, Security measures,
businesses, not-for-profit organizations Also, this rule does not have tribal Waterways.
that are independently owned and implications under Executive Order For the reasons discussed in the
operated and are not dominant in their 13175, Consultation and Coordination preamble, the Coast Guard amends 33
fields, and governmental jurisdictions with Indian Tribal Governments, CFR part 165 as follows:
with populations of less than 50,000. because it does not have a substantial
The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian PART 165—REGULATED NAVIGATION
605(b) that this rule will not have a tribes, on the relationship between the AREAS AND LIMITED ACCESS AREAS
significant economic impact on a Federal Government and Indian tribes,
substantial number of small entities. ■ 1. The authority citation for part 165
or on the distribution of power and continues to read as follows:
While some owners or operators of responsibilities between the Federal
vessels intending to transit the safety Government and Indian tribes. If you 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;
zone may be small entities, for the believe this rule has implications for
Department of Homeland Security Delegation
reasons stated in section V.A above, this federalism or Indian tribes, please No. 0170.1.
rule will not have a significant contact the person listed in the FOR
economic impact on any vessel owner FURTHER INFORMATION CONTACT section ■ 2. Add § 165.T09–0763 to read as
or operator. above. follows:
Under section 213(a) of the Small E. Unfunded Mandates Reform Act § 165.T09–0763 Safety Zone; Helocast
Business Regulatory Enforcement Water Insertion Training; Black River Bay,
Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act Sackets Harbor, NY.
we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires (a) Location. The safety zone will
understanding this rule. If the rule Federal agencies to assess the effects of encompass all waters of the Black River
would affect your small business, their discretionary regulatory actions. In Bay; Sackets Harbor, NY contained
organization, or governmental particular, the Act addresses actions within a 1,000-foot radius of:
jurisdiction and you have questions that may result in the expenditure by a 43°57′11.1″ N, 76°07′26.3″ W.
concerning its provisions or options for State, local, or tribal government, in the (b) Enforcement period. This
compliance, please contact the person aggregate, or by the private sector of regulation will be enforced from 6:00
listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or a.m. until 2:00 p.m. on September 14,
CONTACT section.
more in any one year. Though this rule 2018.
will not result in such an expenditure, (c) Regulations. (1) In accordance with
Small businesses may send comments we do discuss the effects of this rule the general regulations in § 165.23 of
on the actions of Federal employees elsewhere in this preamble. this part, entry into, transiting, or
who enforce, or otherwise determine anchoring within this safety zone is
compliance with, Federal regulations to F. Environment
prohibited unless authorized by the
the Small Business and Agriculture We have analyzed this rule under Captain of the Port Buffalo or his
Regulatory Enforcement Ombudsman Department of Homeland Security designated on-scene representative.
and the Regional Small Business Directive 023–01 and Commandant (2) This safety zone is closed to all
Regulatory Fairness Boards. The Instruction M16475.1D, which guide the vessel traffic, except as may be
Ombudsman evaluates these actions Coast Guard in complying with the permitted by the Captain of the Port
annually and rates each agency’s National Environmental Policy Act of Buffalo or his designated on-scene
responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have representative.
wish to comment on actions by determined that this action is one of a (3) The ‘‘on-scene representative’’ of
employees of the Coast Guard, call 1– category of actions that do not the Captain of the Port Buffalo is any
888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a Coast Guard commissioned, warrant or
Coast Guard will not retaliate against significant effect on the human petty officer who has been designated
small entities that question or complain environment. This rule establishes a by the Captain of the Port Buffalo to act
about this rule or any policy or action safety zone. It is categorically excluded on his behalf.
of the Coast Guard. from further review under paragraph (4) Vessel operators desiring to enter
daltland on DSKBBV9HB2PROD with RULES

C. Collection of Information L60(a) of Appendix A, Table 1 of DHS or operate within the safety zone must
Instruction Manual 023–01–001–01, contact the Captain of the Port Buffalo
This rule will not call for a new Rev. 01. A Record of Environmental or his on-scene representative to obtain
collection of information under the Consideration supporting this permission to do so. The Captain of the
Paperwork Reduction Act of 1995 (44 determination is available in the docket Port Buffalo or his on-scene
U.S.C. 3501–3520). where indicated under ADDRESSES. representative may be contacted via

VerDate Sep<11>2014 16:01 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\10SER1.SGM 10SER1

Document Created: 2018-09-08 00:42:46
Document Modified: 2018-09-08 00:42:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 6:00 a.m. until 2:00 p.m. on September 14, 2018.
Contact		If you have questions on this rule, call or email LTJG Sean Dolan, Chief Waterways Management Division, U.S. Coast Guard; telephone 716-843-9322, email D09-SMB-SECBuffalo- [email protected]
FR Citation		83 FR 45569
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 45569 - Safety Zone; Helocast Water Insertion Operation; Black River Bay, Sackets Harbor, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 175 (September 10, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard