Safety Zone; Flagship Niagara Mariners Ball Fireworks, Presque Isle Bay, Erie, PA, 33975-33977 [2013-13426]
Download as PDF
Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
patrol vessel or may be on shore and
will communicate with vessels via
VHF–FM radio or loudhailer. In
addition, members of the Coast Guard
Auxiliary may be present to inform
vessel operators of this regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
not registered with the event sponsor as
participants or official patrol vessels.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.23,
as well as the following regulations,
apply.
(2) No spectators will be allowed to
enter into, transit through, or anchor in
the safety zone without the permission
of the COTP or the designated
representative.
(3) All spectators given permission to
enter or operate in the regulated area
shall comply with the instructions of
the COTP or the designated
representative. Upon being hailed by a
U.S. Coast Guard vessel by siren, radio,
flashing light, or other means, vessel
spectator shall proceed as directed.
(4) Spectators desiring to enter or
operate within the regulated area shall
contact the COTP or the designated
representative via VHF channel 16 or
718–354–4353 (Sector New York
command center) to obtain permission
to do so.
Dated: May 17, 2013.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0419]
RIN 1625–AA00
Safety Zone; Flagship Niagara
Mariners Ball Fireworks, Presque Isle
Bay, Erie, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
erowe on DSK2VPTVN1PROD with RULES
The Coast Guard is
establishing a temporary safety zone on
Presque Isle Bay, Erie, PA. This safety
zone is intended to restrict vessels from
a portion of Presque Isle Bay during the
Flagship Niagara Mariners Ball
SUMMARY:
VerDate Mar<15>2010
15:07 Jun 05, 2013
Jkt 229001
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
[FR Doc. 2013–13422 Filed 6–5–13; 8:45 am]
ACTION:
Fireworks display. This temporary
safety zone is necessary to protect
spectators and vessels from the hazards
associated with a fireworks display.
DATES: This rule will be effective from
9:30 p.m. until 11 p.m. on June 8, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2013–0419]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Delaying the
effective date of this rule to wait for a
comment period to run is impracticable
because it would inhibit the Coast
Guard’s ability to protect spectators and
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
33975
vessels from the hazards associated with
a maritime fireworks display, which are
discussed further below.
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. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
Between 10 p.m. and 10:30 p.m. on
June 8, 2013, a fireworks display will be
held on Presque Isle Bay near the Cruise
Terminal Pier in Erie, PA. The Captain
of the Port Buffalo has determined that
fireworks launched proximate to a
gathering of watercraft pose a significant
risk to public safety and property. Such
hazards include premature and
accidental detonations, dangerous
projectiles, and falling or burning
debris.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of spectators and vessels during
the Flagship Niagara Mariners Ball
Fireworks. This zone will be effective
and enforced from 9:30 p.m. until 11
p.m. on June 8, 2013. This zone will
encompass all waters of Presque Isle
Bay, Erie, PA within a 420 foot radius
of position 42°08′21.5″ N and
80°05′16.7″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
E:\FR\FM\06JNR1.SGM
06JNR1
33976
Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
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
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
erowe on DSK2VPTVN1PROD with RULES
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. 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. This rule will affect the
following entities, some of which might
be small entities: The owners or
operators of vessels intending to transit
or anchor in a portion of Presque Isle
Bay on the evening of June 8, 2013.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
would be activated, and thus subject to
enforcement, for only 90 minutes late in
the day. Traffic may be allowed to pass
through the zone with the permission of
the Captain of the Port. The Captain of
the Port can be reached via VHF
channel 16. Before the activation of the
zone, we would issue local Broadcast
Notice to Mariners.
3. Assistance for Small Entities
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 above.
VerDate Mar<15>2010
15:07 Jun 05, 2013
Jkt 229001
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.
4. 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).
9. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
10. Indian Tribal Governments
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.
5. Federalism
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
determined that this rule does not have
implications for federalism.
11. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
6. 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.
7. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
8. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
13. 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
(NEPA) (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 the
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES.
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:
E:\FR\FM\06JNR1.SGM
06JNR1
Federal Register / Vol. 78, No. 109 / Thursday, June 6, 2013 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware, District of Columbia,
Maryland, Pennsylvania, Virginia, and
West Virginia; Removal of Obsolete
Regulations and Updates to Citations
to State Regulations Due to
Recodification
■
[EPA–R03–OAR–2012–0955; FRL–9819–6]
2. Add § 165.T09–0419 to read as
follows:
■
§ 165.T09–0419 Safety Zone; Flagship
Niagara Mariners Ball Fireworks, Presque
Isle Bay, Erie, PA.
erowe on DSK2VPTVN1PROD with RULES
(a) Location. This zone will
encompass all waters of Presque Isle
Bay, Erie, PA within a 420 foot radius
of position 42°08′21.5″ N and
80°05′16.7″ W (NAD 83).
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced on June 8, 2013, from 9:30 p.m.
until 11 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 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 shall
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: May 28, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2013–13426 Filed 6–5–13; 8:45 am]
BILLING CODE 9110–04–P
VerDate Mar<15>2010
15:07 Jun 05, 2013
Jkt 229001
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to remove over fifty rules in the
Code of Federal Regulations (CFR) at 40
CFR part 52 for Delaware, the District of
Columbia, Maryland, Pennsylvania,
Virginia, and West Virginia because
they are unnecessary or obsolete. EPA is
also taking direct final action to clarify
regulations in 40 CFR part 52 to reflect
updated citations of certain Virginia
rules due to the Commonwealth’s
recodification of its regulations at the
state level. These direct final actions
make no substantive changes to these
State Implementation Plans (SIPs) and
impose no new requirements. In the
proposed rules section of this Federal
Register, EPA is also proposing to
remove and clarify these regulations and
is soliciting public comment. If adverse
comments are received on the direct
final rule, EPA will withdraw the
portions of the final rule that triggered
the comments. Any portions of the final
rule for which no adverse or critical
comment is received will become final
after the designated period.
DATES: This rule is effective on August
5, 2013 without further notice, unless
EPA receives adverse written comment
by July 8, 2013. If EPA receives such
comments, it will publish a timely
withdrawal of that portion of the direct
final rule in the Federal Register which
is adversely commented upon, and
inform the public that that portion of
the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0955 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: frankford.harold@epa.gov.
C. Mail: EPA–R03–OAR–2012–0955,
Harold A. Frankford, Mailcode 3AP00,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
33977
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0955. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108, or
by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)]
[Rules and Regulations]
[Pages 33975-33977]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13426]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0419]
RIN 1625-AA00
Safety Zone; Flagship Niagara Mariners Ball Fireworks, Presque
Isle Bay, Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Presque Isle Bay, Erie, PA. This safety zone is intended to restrict
vessels from a portion of Presque Isle Bay during the Flagship Niagara
Mariners Ball Fireworks display. This temporary safety zone is
necessary to protect spectators and vessels from the hazards associated
with a fireworks display.
DATES: This rule will be effective from 9:30 p.m. until 11 p.m. on June
8, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0419]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Christopher Mercurio, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
final details for this event were not known to the Coast Guard until
there was insufficient time remaining before the event to publish an
NPRM. Delaying the effective date of this rule to wait for a comment
period to run is impracticable because it would inhibit the Coast
Guard's ability to protect spectators and vessels from the hazards
associated with a maritime fireworks display, which are discussed
further below.
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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
Between 10 p.m. and 10:30 p.m. on June 8, 2013, a fireworks display
will be held on Presque Isle Bay near the Cruise Terminal Pier in Erie,
PA. The Captain of the Port Buffalo has determined that fireworks
launched proximate to a gathering of watercraft pose a significant risk
to public safety and property. Such hazards include premature and
accidental detonations, dangerous projectiles, and falling or burning
debris.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Flagship Niagara
Mariners Ball Fireworks. This zone will be effective and enforced from
9:30 p.m. until 11 p.m. on June 8, 2013. This zone will encompass all
waters of Presque Isle Bay, Erie, PA within a 420 foot radius of
position 42[deg]08'21.5'' N and 80[deg]05'16.7'' W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order
[[Page 33976]]
13563. The Office of Management and Budget has not reviewed it under
those Orders. It is not ``significant'' under the regulatory policies
and procedures of the Department of Homeland Security (DHS).
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 relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. 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. This rule will affect the following entities, some of which
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of Presque Isle Bay on the evening of
June 8, 2013.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be activated, and thus subject to enforcement, for
only 90 minutes late in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the activation of
the zone, we would issue local Broadcast Notice to Mariners.
3. Assistance for Small Entities
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 above.
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.
4. 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).
5. Federalism
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 determined
that this rule does not have implications for federalism.
6. 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.
7. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
8. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
9. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
10. Indian Tribal Governments
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.
11. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 (NEPA) (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 the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.
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:
[[Page 33977]]
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; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0419 to read as follows:
Sec. 165.T09-0419 Safety Zone; Flagship Niagara Mariners Ball
Fireworks, Presque Isle Bay, Erie, PA.
(a) Location. This zone will encompass all waters of Presque Isle
Bay, Erie, PA within a 420 foot radius of position 42[deg]08'21.5'' N
and 80[deg]05'16.7'' W (NAD 83).
(b) Effective and Enforcement Period. This regulation is effective
and will be enforced on June 8, 2013, from 9:30 p.m. until 11 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 shall 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: May 28, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2013-13426 Filed 6-5-13; 8:45 am]
BILLING CODE 9110-04-P