83 FR 51838 - Safety Zone; Head of the Buffalo Regatta; Buffalo River, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 199 (October 15, 2018)

Page Range		51838-51840
FR Document		2018-22337

The Coast Guard is establishing a temporary safety zone for certain waters of the Buffalo River during the Head of the Buffalo Regatta. This safety zone is intended to restrict vessels from portions of the Buffalo River during the Head of the Buffalo Regatta. This temporary safety zone is necessary to protect mariners and racers from the navigational hazards associated with the regatta.

Federal Register, Volume 83 Issue 199 (Monday, October 15, 2018)

[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51838-51840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22337]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0832]
RIN 1625-AA00


Safety Zone; Head of the Buffalo Regatta; Buffalo River, Buffalo, 
NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 51839]]

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Buffalo River during the Head of the Buffalo 
Regatta. This safety zone is intended to restrict vessels from portions 
of the Buffalo River during the Head of the Buffalo Regatta. This 
temporary safety zone is necessary to protect mariners and racers from 
the navigational hazards associated with the regatta.

DATES: This rule is effective from 8 a.m. until 6 p.m. on October 20, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0832 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 
proposed rulemaking, call or email LTJG Sean Dolan, Chief of Waterways 
Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, 
email D09-SMB-SECBuffalo-WWM@uscg.mil.

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 September 5, 2018 the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) titled Head of the Buffalo Regatta; Buffalo River, 
Buffalo, NY Sec.  165.T09-0832. In that we discussed why we issued the 
NPRM and invited comments on our proposed regulatory action related to 
this regatta. The comment period ended October 5, 2018; we received one 
comment relating to the event. The comment questions whether economic 
factor were considered in the proposed rule. Our economic analysis in 
section V below did consider the economic ramifications of the proposed 
rule. The comment also questioned whether the canalside businesses 
would lose money. The proposed rule allows for vessels to transit 
through it when permitted by the COTP. The comment also questioned 
whether the rule would affect the operation of the lift bridges, but 
this rule does not affect the operation of the bridges.

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 craft event on a navigable waterway will pose a 
significant risk to participants and the boating public. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the Head of the Buffalo 
Regatta is happening.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
September 5, 2018, and there was no objection to the proposed rule. 
There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    This rule establishes a safety zone from 8:00 a.m. until 6:00 p.m. 
on October 20, 2018. The safety zone will cover all navigable waters 
between the two points starting at position 42[deg]52'19.4'' N, 
78[deg]52'25.3'' W, and ending at position 42[deg]51'36.7'' N, 
78[deg]50'56.0'' W, on the Buffalo River, Buffalo, NY. The duration of 
the zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled rowboat races 
between 8 a.m. and 6 p.m.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP Buffalo or his designated on-
scene representative. The COTP 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 
characteristics of the safety zone. The safety zone created by this 
rule will be relatively small and is designed to minimize its impact on 
navigable waters. Furthermore, the safety zone has been designed to 
allow vessels to transit around it. In addition, the safety zone will 
designate times when races are not occurring; allowing vessels to 
travel through the safety zone. 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 COTP.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 (Public Law 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-

[[Page 51840]]

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 
Order13132.
    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.

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 involves 
establishment of 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: 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.T09-0832 to read as follows:


Sec.  165.T09-0832  Safety Zone; Head of the Buffalo Regatta; Buffalo 
River, Buffalo, NY.

    (a) Location. The safety zone will encompass all waters of the 
Buffalo River, Buffalo, NY, beginning at position 42[deg]52'19.4'' N, 
78[deg]52'25.3'' W to 42[deg]51'36.7'' N, 78[deg]50'56.0'' W.
    (b) Enforcement period. This rule is effective from 8 a.m. until 6 
p.m. on October 20, 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 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: October 9, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-22337 Filed 10-12-18; 8:45 am]
 BILLING CODE 9110-04-P

51840 Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Rules and Regulations

888–REG–FAIR (1–888–734–3247). The significant effect on the human petty officer who has been designated
Coast Guard will not retaliate against environment. This rule involves by the Captain of the Port Buffalo to act
small entities that question or complain establishment of a safety zone. It is on his behalf.
about this rule or any policy or action categorically excluded from further (4) Vessel operators desiring to enter
of the Coast Guard. review under paragraph L60(a) of or operate within the safety zone must
Appendix A, Table 1 of DHS Instruction contact the Captain of the Port Buffalo
C. Collection of Information or his on-scene representative to obtain
Manual 023–01–001–01, Rev. 01. A
This rule will not call for a new Record of Environmental Consideration permission to do so. The Captain of the
collection of information under the supporting this determination is Port Buffalo or his on-scene
Paperwork Reduction Act of 1995 (44 available in the docket where indicated representative may be contacted via
U.S.C. 3501–3520). under ADDRESSES. VHF Channel 16. Vessel operators given
D. Federalism and Indian Tribal permission to enter or operate in the
G. Protest Activities safety zone must comply with all
Governments
The Coast Guard respects the First directions given to them by the Captain
A rule has implications for federalism Amendment rights of protesters. of the Port Buffalo, or his on-scene
under Executive Order 13132, Protesters are asked to contact the representative.
Federalism, if it has a substantial direct person listed in the FOR FURTHER Dated: October 9, 2018.
effect on the States, on the relationship INFORMATION CONTACT section to
between the national government and Joseph S. Dufresne,
coordinate protest activities so that your
the States, or on the distribution of message can be received without Captain, U.S. Coast Guard, Captain of the
power and responsibilities among the Port Buffalo.
jeopardizing the safety or security of
various levels of government. We have [FR Doc. 2018–22337 Filed 10–12–18; 8:45 am]
people, places or vessels.
analyzed this rule under that Order and BILLING CODE 9110–04–P
have determined that it is consistent List of Subjects in 33 CFR Part 165
with the fundamental federalism Harbors, Marine safety, Navigation
principles and preemption requirements (water), Reporting and recordkeeping LIBRARY OF CONGRESS
described in Executive Order13132. requirements, Security measures,
Also, this rule does not have tribal Waterways. Copyright Office
implications under Executive Order For the reasons discussed in the
13175, Consultation and Coordination preamble, the Coast Guard amends 33 37 CFR Part 201
with Indian Tribal Governments, CFR part 165 as follows: [Docket No. 2018–6]
because it does not have a substantial
direct effect on one or more Indian PART 165—REGULATED NAVIGATION Streamlining the Administration of
tribes, on the relationship between the AREAS AND LIMITED ACCESS AREAS DART Royalty Accounts and Electronic
Federal Government and Indian tribes, Royalty Payment Processes
or on the distribution of power and ■ 1. The authority citation for part 165
responsibilities between the Federal continues to read as follows: AGENCY: U.S. Copyright Office, Library
Government and Indian tribes. If you Authority: Authority: 33 U.S.C. 1231; 50
of Congress.
believe this rule has implications for U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, ACTION: Final rule.
federalism or Indian tribes, please and 160.5; Department of Homeland Security
Delegation No. 0170.1. SUMMARY: The U.S. Copyright Office is
contact the person listed in the FOR establishing a rule to codify its
FURTHER INFORMATION CONTACT section. ■ 2. Add § 165.T09–0832 to read as procedures for closing royalty payments
E. Unfunded Mandates Reform Act follows: accounts under section 1005 of the
The Unfunded Mandates Reform Act Copyright Act, and is amending its
§ 165.T09–0832 Safety Zone; Head of the
of 1995 (2 U.S.C. 1531–1538) requires Buffalo Regatta; Buffalo River, Buffalo, NY. regulations governing online payment
Federal agencies to assess the effects of procedures for statutory licensing
(a) Location. The safety zone will
their discretionary regulatory actions. In statements of account to no longer
encompass all waters of the Buffalo
particular, the Act addresses actions require that payments for these accounts
River, Buffalo, NY, beginning at position
that may result in the expenditure by a be made in a single lump sum. These
42°52′19.4″ N, 78°52′25.3″ W to
State, local, or tribal government, in the changes are intended to improve the
42°51′36.7″ N, 78°50′56.0″ W.
aggregate, or by the private sector of (b) Enforcement period. This rule is efficiency of the Copyright Office’s
$100,000,000 (adjusted for inflation) or effective from 8 a.m. until 6 p.m. on Licensing Division operations.
more in any one year. Though this rule October 20, 2018. DATES: Effective November 14, 2018.
will not result in such an expenditure, (c) Regulations. (1) In accordance with FOR FURTHER INFORMATION CONTACT:
we do discuss the effects of this rule the general regulations in § 165.23 of Regan A. Smith, General Counsel and
elsewhere in this preamble. this part, entry into, transiting, or Associate Register of Copyrights, by
anchoring within this safety zone is email at regans@copyright.gov, or Jalyce
F. Environment Mangum, Attorney-Advisor, by email at
prohibited unless authorized by the
We have analyzed this rule under Captain of the Port Buffalo or his jmang@copyright.gov. Each can be
Department of Homeland Security designated on-scene representative. contacted by telephone by calling (202)
Directive 023–01 and Commandant (2) This safety zone is closed to all 707–8350.
khammond on DSK30JT082PROD with RULES

Instruction M16475.1D, which guide the vessel traffic, except as may be SUPPLEMENTARY INFORMATION:
Coast Guard in complying with the permitted by the Captain of the Port
National Environmental Policy Act of Buffalo or his designated on-scene I. Background
1969 (42 U.S.C. 4321–4370f), and have representative. On July 11, 2018 (83 FR 32068), the
determined that this action is one of a (3) The ‘‘on-scene representative’’ of Office published a Notice of Proposed
category of actions that do not the Captain of the Port Buffalo is any Rulemaking (‘‘NPRM’’) to streamline the
individually or cumulatively have a Coast Guard commissioned, warrant or administration of digital audio

VerDate Sep<11>2014 16:29 Oct 12, 2018 Jkt 247001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\15OCR1.SGM 15OCR1

Document Created: 2018-10-13 10:02:49
Document Modified: 2018-10-13 10:02:49

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 8 a.m. until 6 p.m. on October 20, 2018.
Contact		If you have questions about this proposed rulemaking, call or email LTJG Sean Dolan, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected]
FR Citation		83 FR 51838
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

83 FR 51838 - Safety Zone; Head of the Buffalo Regatta; Buffalo River, Buffalo, NY

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 199 (October 15, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard