Safety Zones; Annual Events in the Captain of the Port Zone Buffalo, 24656-24661 [2014-09862]
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Federal Register / Vol. 79, No. 84 / Thursday, May 1, 2014 / Proposed Rules
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rulemaking
and would not create an environmental
risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
and Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. This rulemaking is
categorically excluded, under figure 2–
1, paragraph (32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this proposed rule. We seek
any comments or information that may
lead to the discovery of significant
environmental impact from the
proposed rule.
E. List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
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Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise 33 CFR 117.736 to read as
follows:
■
Oceanport Creek.
The draw of the New Jersey Transit
Rail Operations (NJTRO) Bridge at mile
8.4, near Oceanport, shall open on
signal provided at least a four-hour
advance notice is given by calling the
number posted at the bridge. The draw
need not open for the passage of vessel
traffic Monday through Friday, except
Federal Holidays, between 6 a.m. and
7:45 a.m. and between 5:30 p.m. and
7:30 p.m.
Dated: 17 April 2014.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Acting
Commander, First Coast Guard District.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
VerDate Mar<15>2010
1. The authority citation for part 117
continues to read as follows:
■
§ 117.736
You may submit comments
identified by docket number USCG–
2014–0081 using any one of the
following methods:
(1) Federal Rulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Delivery: At the same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
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–
843–9573, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
[FR Doc. 2014–10001 Filed 4–30–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2014–0081]
Table of Acronyms
RIN 1625–AA00
DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983
Section
Safety Zones; Annual Events in the
Captain of the Port Zone Buffalo
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its safety zones regulations for
annually reoccurring firework displays
and marine events within the Captain of
the Port Zone Buffalo. The safety zones
that would be amended or established
by this proposed rulemaking are
necessary to protect the surrounding
public, spectators, participants, and
vessels from the hazards associated with
fireworks displays, hydroplane boat
races, and other events of a similar
nature posing a potential hazard to the
safety of life and property on the
navigable waters. This proposed rule is
intended to restrict vessels from
designated areas on navigable
waterways during these events.
DATES: Comments and related materials
must be received by the Coast Guard on
or before June 2, 2014.
SUMMARY:
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A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2014–0081),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online at https://
www.regulations.gov or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
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comment online, it will be considered
received by the Coast Guard when the
comment is successfully transmitted. If
you fax, hand deliver, or mail your
comment, it will be considered received
by the Coast Guard when the comment
is received at the Docket Management
Facility. We recommend that you
include your name and mailing address,
an email address, or a telephone number
in the body of your document so that we
can contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2014–0081] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this notice of proposed rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
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2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2014–0081) 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.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the methods
specified under ADDRESSES. Please
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explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
The regulations found in 33 CFR
165.939 serve to protect the boating
public from hazards associated with
firework displays that take place on a
navigable waterway within the Captain
of the Port (COTP) Zone Buffalo. For
boundaries of this COTP zone, see 33
CFR 3.45–10. In 2013, the Captain of the
Port Buffalo amended the regulations
found in 33 CFR 165.939 through a final
rule published April 23, 2013 (78 FR
23850). Those revisions clarified the
locations of many outdated safety zones
and established seven additional safety
zones within the Captain of the Port
Zone Buffalo area of responsibility.
C. Basis and Purpose
Section 165.939 currently lists 29
permanent safety zones within the
Captain of the Port Zone Buffalo. Each
of these 29 safety zones corresponds to
an annually recurring fireworks display.
After the recent 2013 summer season
it was noted the effective times and
dates published for these events were
not always rigidly adhered to by
fireworks sponsors and event organizers
and thus a subsequent regulatory update
enacting greater regulatory flexibility for
enforcement notification was desired in
order to maximize Coast Guard
efficiency and public safety. Also, the
COTP Buffalo has decided to propose
safety zones for one additional firework
display and five additional marine
events.
With the above findings in mind, the
Coast Guard proposes to amend 33 CFR
165.939 to revise the enforcement
period and include several nonfireworks events.
The Captain of the Port Buffalo has
determined that these events present
significant hazards to public spectators
and participants. Such hazards include
premature detonations, dangerous
detonations, dangerous projectiles,
falling or burning debris, vessels of
unique design operating at great speed,
and large numbers of competitive
swimmers.
D. Discussion of Proposed Rule
For all of the above reasons, the
Captain of the Port Sector Buffalo
proposes to revise 33 CFR 165.939. This
revision would amend the verbiage on
the enforcement period for all 29 safety
zones currently listed and establish six
additional safety zones in § 165.939.
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These new safety zones would be added
as paragraphs (30) Thunder on the
Niagara Hydroplane boat races, North
Tonawanda, NY; (31) Antique Boat
Show Hydroplane boat races, Grand
Island, NY; (32) D-Day Conneaut Air
show, Conneaut, OH; (33) Bay Swim,
Erie, PA; (34) Rover Fest fireworks
display, Cleveland, OH; and (35)
Cleveland National Air show,
Cleveland, OH. Although this proposed
rule would remain in effect throughout
the year, the safety zones within it will
be enforced only before and during each
corresponding event.
The Captain of the Port will use all
appropriate means to notify the public
when the zones in this proposal will be
enforced. Consistent with 33 CFR
165.7(a), such means will include,
among other things, publication in the
Federal Register and Broadcast Notice
to Mariners.
Entry into, transiting, or anchoring
within the proposed safety zones would
be prohibited unless authorized by the
Captain of the Port Buffalo or his onscene representative. The Captain of the
Port or his on-scene representative may
be contacted via VHF Channel 16.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or executive
orders.
1. Regulatory Planning and Review
This proposed 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
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 proposed
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 zones contained in this
proposed rule will be relatively small
and enforced for relatively short time.
Also, the proposed safety zones are
designed to minimize their impact on
navigable waters. Furthermore, the
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proposed safety zones have been
designed to allow vessels to transit
around them. Thus, restrictions on
vessel movement within a particular
area are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through the safety zones
when permitted by the Captain of the
Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 proposed rule will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule would affect the
following entities, some of which might
be small entities: The owners and
operators of vessels intending to transit
or anchor in any one of the proposed
safety zones while these zones are being
enforced. These safety zones will not
have a significant economic impact on
a substantial number of small entities
for the following reasons: Each safety
zone in this proposed rule will be in
enforced for no more than 10 hours in
any 24-hour period with the majority of
zones only being in enforced for a few
hours in any 24 hour period. Each of the
safety zones will be enforced only once
per year and will be in areas with low
commercial vessel traffic. Furthermore,
these safety zones have been designed to
allow traffic to pass safely around each
zone. In the event that a safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port Buffalo or his or her
designated representative to transit the
safety zone.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
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 proposed rule. If the
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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, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
9. Civil Justice Reform
This proposed 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.
5. Federalism
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and would
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
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 proposed rule under that
Order and determined that this rule
does not have implications for
federalism.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
6. Protest Activities
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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.
7. 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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
8. Taking of Private Property
This proposed rule would 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.
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination
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 proposed
rule is categorically excluded, under
figure 2–1, paragraph (34) (g), of the
Commandant Instruction because it
involves the establishment of a safety
zone.
A preliminary environmental analysis
checklist and a preliminary categorical
exclusion determination are available in
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the docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR parts 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
■
2. Revise § 165.939 to read as follows:
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§ 165.939 Safety Zones; Annual Events in
the Captain of the Port Buffalo Zone.
(a) Safety Zones. The following are
designated as safety zones. The
enforcement dates and times for each of
the safety zones listed in this section are
subject to change, but the duration of
enforcement would remain the same or
nearly the same as the total number of
hours as published. In the event of a
change, the Captain of the Port Sector
Buffalo will provide notice to the public
by publishing a Notice of Enforcement
in the Federal Register, as well as,
issuing a Broadcast Notice to Mariners.
(1) Boldt Castle 4th of July Fireworks,
Heart Island, NY. (i) Location. All U.S.
waters of the Saint Lawrence River
within a 1,120 foot radius of land
position 44°20′38.5″ N, 075°55′19.1″ W
(NAD 83) at Heart Island, NY.
(ii) Enforcement period. July 4 from
8:30 p.m. to 10:30 p.m. each year.
(2) Clayton Chamber of Commerce
Fireworks, Calumet Island, NY. (i)
Location. All U.S. waters of the Saint
Lawrence River within an 840 foot
radius of land position 44°15′04″ N,
076°05′40″ W (NAD 83) at Calumet
Island, NY.
(ii) Enforcement period. July 3 from 9
p.m. to 11:30 p.m. of each year.
(3) French Festival Fireworks, Cape
Vincent, NY. (i) Location. All U.S.
waters of the Saint Lawrence River
within an 840 foot radius of land
position 44°07′54.6″ N, 076°20′01.3″ W
(NAD 83) in Cape Vincent, NY.
(ii) Enforcement period. The second
weekend of July from 9:15 p.m. to 11
p.m. each year.
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(4) Lyme Community Days,
Chaumont, NY. (i) Location. All U.S.
waters of Chaumont Bay within a 560
foot radius of position 44°04′06.3″ N,
076°08′56.8″ W (NAD 83) in Chaumont,
NY.
(ii) Enforcement period. The fourth
weekend of July from 8:30 p.m. to 11
p.m. each year.
(5) Village Fireworks, Sackets Harbor,
NY. (i) Location. All U.S. waters of
Black River Bay within an 840 foot
radius of position 43°56′51.9″ N,
076°0746.9″ W (NAD 83) in Sackets
Harbor, NY.
(ii) Enforcement period. July 4 from
8:30 p.m. to 10:30 p.m. each year.
(6) Can-Am Festival, Sackets Harbor,
NY. (i) Location. All U.S. waters of
Black River Bay within a 1,120 foot
radius of position 43°57′15.9″ N,
076°06′39.2″ W (NAD 83) in Sackets
Harbor, NY.
(ii) Enforcement period. The third
weekend of July from 9 p.m. to 10:45
p.m. each year.
(7) Oswego Harborfest, Oswego, NY.
(i) Location. All U.S. waters of Lake
Ontario within a 1,000 foot radius of
position 43°28′10″ N, 076°31′04″ W
(NAD 83) in Oswego, NY.
(ii) Enforcement period. The last
Saturday of July from 9 to 10:30 p.m.
each year.
(8) Brewerton Fireworks, Brewerton,
NY. (i) Location. All U.S. waters of Lake
Oneida within an 840 foot radius of
barge position 43°14′16.4″ N,
076°08′03.6″ W (NAD 83) in Brewerton,
NY.
(ii) Enforcement period. July 3 from 9
p.m. to 10:30 p.m. each year.
(9) Celebrate Baldwinsville Fireworks,
Baldwinsville, NY. (i) Location. All U.S.
waters of the Seneca River within a 700
foot radius of land position 43°09′24.9″
N, 076°20′18.9″ W (NAD 83) in
Baldwinsville, NY.
(ii) Enforcement period. The first
weekend of July from 9 p.m. to 11 p.m.
each year.
(10) Island Festival Fireworks,
Baldwinsville, NY. (i) Location. All U.S.
waters of the Seneca River within a
1,120 foot radius of land position
43°09′22″ N, 076°20′15″ W (NAD 83) in
Baldwinsville, NY.
(ii) Enforcement period. The first
weekend of July from 9:30 p.m. to 11
p.m. each year.
(11) Seneca River Days, Baldwinsville,
NY. (i) Location. All U.S. waters of the
Seneca River within an 840 foot radius
of land position 43°09′25″ N, 076°20′21″
W (NAD 83) in Baldwinsville, NY.
(ii) Enforcement period. The second
weekend of July from 9 p.m. to 10:30
p.m. each year.
(12) City of Syracuse Fireworks
Celebration, Syracuse, NY. (i) Location.
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All U.S. waters of Onondaga Lake
within a 350 foot radius of land position
43°03′37″ N, 076°09′59″ W (NAD 83) in
Syracuse, NY.
(ii) Enforcement period. The last
weekend of June from 9:30 p.m. to 10:30
p.m. each year.
(13) Tom Graves Memorial Fireworks,
Port Bay, NY. (i) Location. All U.S.
waters of Port Bay within an 840 foot
radius of barge position 43°18′14.8″ N,
076°50′17.3″ W (NAD 83) in Port Bay,
NY.
(ii) Enforcement period. July 3 from 9
p.m. to 10:30 p.m. of each year.
(14) Village Fireworks, Sodus Point,
NY. (i) Location. All U.S. waters of
Sodus Bay within a 1,120 foot radius of
land position 43°16′28.7″ N,
076°58′27.5″ W (NAD 83) in Sodus
Point, NY.
(ii) Enforcement period. July 3 from
9:30 p.m. to 10:30 p.m. each year.
(15) Rochester Harbor and Carousel
Festival, Rochester, NY. (i) Location. All
U.S. waters of Lake Ontario within a
1,120 foot radius of land position
43°15′40.2″ N, 077°36′05.1″ W (NAD 83)
in Rochester, NY.
(ii) Enforcement period. The fourth
Monday of June from 8 p.m. to 10 p.m.
each year.
(16) A Salute to our Heroes, Hamlin
Beach State Park, NY. (i) Location. All
U.S. waters of Lake Ontario within a 560
foot radius of land position 43°21′51.9″
N, 077°56′59.6″ W (NAD 83) in Hamlin,
NY.
(ii) Enforcement period. The first
weekend of July from 9:45 p.m. to 11:30
p.m. each year.
(17) Olcott Fireworks, Olcott, NY. (i)
Location. All U.S. waters of Lake
Ontario within a 1,120 foot radius of
land position 43°20′23.6″ N,
078°43′09.5″ W (NAD 83) in Olcott, NY.
(ii) Enforcement period. July 3 from
9:30 p.m. to 11 p.m. of each year.
(18) North Tonawanda Fireworks,
North Tonawanda, NY. (i) Location. All
U.S. waters of the East Niagara River
within a 1,400 foot radius of land
position 43°01′39.6″ N, 078°53′07.5″ W
(NAD 83) in North Tonawanda, NY.
(ii) Enforcement period. July 4 from
8:45 p.m. to 10:15 p.m. of each year.
(19) Tonawanda’s Canal Fest
Fireworks, Tonawanda, NY. (i) Location.
All U.S. waters of the East Niagara River
within a 210 foot radius of land position
43°01′17.8″ N, 078°52′40.9″ W (NAD 83)
in Tonawanda, NY.
(ii) Enforcement period. The fourth
Sunday of July from 9 p.m. to 10:30 p.m.
each year.
(20) Celebrate Erie Fireworks, Erie,
PA. (i) Location. All U.S. waters of
Presque Isle Bay within an 800 foot
radius of land position 42°08′19″ N,
080°05′29″ W (NAD 83) in Erie, PA.
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(ii) Enforcement period. The third
weekend of August from 9:45 p.m. to
10:30 p.m. each year.
(21) Conneaut Fourth of July
Fireworks, Conneaut, OH. (i) Location.
All U.S. waters of Lake Erie within an
840 foot radius of position 41°58′01.3″
N, 080°33′39.5″ W (NAD 83) in Erie, PA.
(ii) Enforcement period. The first
Sunday of July from 9 p.m. to 11:30 p.m.
each year.
(22) Fairport Harbor Mardi Gras,
Fairport, OH. (i) Location. All U.S.
waters of Lake Erie within a 350 foot
radius of land position 41°45′30″ N,
081°16′18″ W (NAD 83) east of the
harbor entrance at Fairport Harbor
Beach, OH.
(ii) Enforcement period. The
beginning of the second week of July
from 9 p.m. to 10:30 p.m. each year.
(23) Mentor Harbor Yacht Club
Fireworks, Mentor Harbor, OH. (i)
Location. All U.S. waters of Lake Erie
and Mentor Harbor within a 700 foot
radius of land position 41°43′36″ N,
081°21′09″ W (NAD 83) in Mentor
Harbor, OH.
(ii) Enforcement period. July 3 from 9
p.m. to 10:30 p.m. each year.
(24) Browns Football Halftime
Fireworks, Cleveland, OH. (i) Location.
All U.S. waters of Cleveland Harbor and
Lake Erie encompassed by a line
beginning at approximate land position
41°30′49.4″ N, 081°41′37.2″ W (the
northwest corner of Burke Lakefront
Airport); continuing northwest to
41°31′10.6″ N, 081°41′53.0″ W; then
southwest to 41°30′48.6″ N,
081°42′30.9″ W (the northwest corner of
dock 28 at the Cleveland Port Authority)
then northeast back to the starting point
at 41°30′49.4″ N, 081°41′37.2″ W (NAD
83).
(ii) Enforcement period. On a Sunday
during the second or third Cleveland
Browns home game each year. The
Captain of the Port will issue a Notice
of Enforcement each year for this
Browns Football Halftime Fireworks’
safety zone.
(25) City of Cleveland 4th of July,
Cleveland, OH. (i) Location. All U.S.
waters of Lake Erie and Cleveland
Harbor within a 1,000 foot radius of
land position 41°30′10″ N, 081°42′36″ W
(NAD 83) at Dock 20 in Cleveland, OH.
(ii) Enforcement period. July 4 from
9:30 p.m. to 11 p.m. each year.
(26) Cleveland Yachting Club
Fireworks Display, Rocky River, OH. (i)
Location. All U.S. waters of the Rocky
River and Lake Erie within a 560 foot
radius of land position 41°29′25.7″ N,
081°50′18.5″ W (NAD 83), at Sunset
Point on the western side of the mouth
of the Rocky River in Cleveland, OH.
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(ii) Enforcement period. The second
Thursday of July from 9:15 p.m. to 11
p.m. each year.
(27) Sheffield Lake Fireworks,
Sheffield Lake, OH. (i) Location. All
U.S. waters of Lake Erie within a 700
foot radius of land position 41°29′26.2″
N, 082°06′47.7″ W (NAD 83), at the lake
front area in Sheffield Lake, OH.
(ii) Enforcement period. The second
Friday of July from 9:30 p.m. to 11 p.m.
each year.
(28) Lorain 4th of July Celebration
Fireworks, Lorain, OH. (i) Location. All
U.S. waters of Lorain Harbor within a
1,400 foot radius of land position
41°28′35.5″ N, 082°10′51.3″ W (NAD
83), east of the harbor entrance on the
end of the break wall near Spitzer’s
Marina.
(ii) Enforcement period. July 4 from
9:15 p.m. to 11 p.m. each year.
(29) Lorain Port Fest Fireworks
Display, Lorain, OH. (i) Location. All
U.S. waters of Lorain Harbor within a
750 foot radius of land position
41°28′02.4″ N, 082°10′21.9″ W (NAD 83)
in Lorain, OH.
(ii) Enforcement period. The third
weekend of July from 9:45 p.m. to 11
p.m. each year.
(30) Thunder of the Niagara
Hydroplane boat races, North
Tonawanda, NY. (i) Location. All U.S.
waters of Niagara River, near North
Tonawanda, NY within 2 miles of the
North Grand Island Bridge,
encompassed by a line starting at
43°03′32.95″ N, 078°54′46.93″ W; to
43°03′14.55″ N, 078°55′15.97″ W; then
to 43°02′39.72″ N, 078°54′13.05″ W;
then to 43°02′59.99″ N, 078°53′41.99″
W; and returning to the point of origin
(NAD 83).
(ii) Enforcement period. The second
of weekend of August from 9 a.m. to 5
p.m. each year.
(31) Antique Boat Show Hydroplane
boat races, Grand Island, NY. (i)
Location. All waters of Niagara River,
Grand Island, NY encompassed by a line
starting at position 42°59′59″ N,
078°56′22″ W; East to 49°59′54″ N,
078°56′14″ W; South to 42°57′54″ N,
078°56′04″ W; West to 42°057′48″ N,
078°56′22″ W; and returning to the point
of origin (NAD 83).
(ii) Enforcement period. The first
weekend of September from 9 a.m. to 4
p.m. each year.
(32) D-Day Conneaut Air Show,
Conneaut, OH. (i) Location. All U.S.
waters of Conneaut Township Park,
Lake Erie, Conneaut, OH encompassed
by a line starting at 41°57.71′ N,
080°34.18′ W; to 41°58.36′ N, 080°34.17′
W; to 41°58.53′ N, 080°33.55′ W; to
41°58.03′ N, 080°33.72′ W; and
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returning to the point of origin. (NAD
83).
(ii) Enforcement period. The third
weekend of August from 1:45 p.m. to
5:30 p.m. each year.
(33) Bay Swim, Erie, PA. (i) Location.
All U.S. waters of Presque Isle Bay, Erie,
PA within a 1000 feet of a line starting
at Vista 3 in Presque Isle State Park at
position 42°07′29.30″ N, 80°08′48.82″ W
and ending at to the Erie Yacht Club at
position 42°07′21.74″ N, 80°07′58.30″ W
(NAD 83).
(ii) Enforcement period. The third
week in June each year.
(34) Rover Fest fireworks display,
Cleveland, OH. (i) Location. All U.S.
waters of Lake Erie, Cleveland, OH
within a 280 foot radius from position
41°30′34.23″ N and 081°41′55.73″ W
(NAD 83).
(ii) Enforcement period. The second
or third weekend of July each year.
(35) Cleveland National Air show,
Cleveland, OH. (i) Location. The safety
zone encompass the portion of Lake Erie
and Cleveland Harbor within a line
originating near Burke Lakefront Airport
from position 41°30′20″ N and
081°42′20″ W to 41°30′50″ N and
081°42′49″ W, to 41°32′09″ N and
081°39′49″ W, to 41°31′53″ N and
081°39′24″ W, then return to the original
position (NAD 83).
(ii) Enforcement period. On the Friday
before Labor Day through the
Wednesday following Labor Day with
maximum daily times from 8 a.m. to 6
p.m.. The daily time period will be
reduced as operations permit.
(b) Definitions. The following
definitions apply to this section:
(1) ‘‘On-scene Representative’’ means
any Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port Buffalo to
monitor a safety zone, permit entry into
the zone, give legally enforceable orders
to persons or vessels within the zones,
and take other actions authorized by the
Captain of the Port.
(2) ‘‘Public vessel’’ means vessels
owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(c) Regulations. In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within is
the aforementioned safety zones are
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(1) The safety zones described in
paragraph (a) of this section are closed
to all vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
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(3) Vessel operators desiring to enter
or operate within the safety zones
described in paragraph (a) of this
section 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 a safety zone must comply
with all directions given to them by the
Captain of the Port Buffalo, or his onscene representative.
(d) Exemption. Public vessels, as
defined in paragraph (c) of this section,
are exempt from the requirements in
this section.
(e) Waiver. For any vessel, the Captain
of the Port Buffalo or his designated
representative may waive any of the
requirements of this section, upon
finding that operational conditions or
other circumstances are such that
application of this section is
unnecessary or impractical for the
purposes of public or environmental
safety.
(f) Notification. The Captain of the
Port Buffalo will notify the public that
the safety zones in this section are or
will be enforced by all appropriate
means to the affected segments of the
through publication in the Federal
Register as practicable, in accordance
with 33 CFR 165.7(a). Additionally, the
enforcement dates and times for each of
the safety zones listed above are subject
to change, though the duration of
enforcement would remain the same or
nearly the same total number of hours
as stated above. In either event, whether
the safety zones occur at the dates and
times as stated above, or whether the
date or time of a safety zone changes,
the Captain of the Port Buffalo will
similarly make such notification as
described in this paragraph (f). Such
means of further notification may also
include, but are not limited to Broadcast
Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will
issue a Broadcast Notice to Mariners
notifying the public when enforcement
of the safety zone is cancelled.
Dated: March 12, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2014–09862 Filed 4–30–14; 8:45 am]
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DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2014–OSERS–0061; CFDA
Number: 84.373F]
Proposed Priority—Technical
Assistance on State Data Collection—
IDEA Fiscal Data Center
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Proposed priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services proposes a funding priority
under the Technical Assistance (TA) on
State Data Collection program. The
Assistant Secretary may use this
proposed priority for competitions in
fiscal year (FY) 2014 and later years. We
take this action to focus attention on an
identified national need to provide TA
to improve the capacity of States to meet
the data collection requirements of the
Individuals with Disabilities Education
Act (IDEA).
DATES: We must receive your comments
on or before July 15, 2014.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or by email. Please
submit your comments only one time, in
order to ensure that we do not receive
duplicate copies. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘Are you new to the site?’’
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about these proposed
regulations, address them to Matthew
Schneer, U.S. Department of Education,
400 Maryland Avenue SW., room 4169,
Potomac Center Plaza, Washington, DC
20202–2600.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Matthew Schneer. Telephone: (202)
SUMMARY:
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24661
245–6755 or by email:
Matthew.Schneer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priority in this notice. To
ensure that your comments have
maximum effect in developing the
notice of final priority, we urge you to
clearly identify the specific topic that
each comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from this proposed priority.
Please let us know of any further ways
we could reduce potential costs or
increase potential benefits while
preserving the effective and efficient
administration of the program.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record: On request, we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
review the comments or other
documents in the public rulemaking
record for this notice. If you want to
schedule an appointment for this type of
accommodation or auxiliary aid, please
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
Purpose of Program: The purpose of
the Technical Assistance on State Data
Collection program is to improve the
capacity of States to meet their IDEA
data collection and reporting
requirements under sections 616 and
618 of IDEA. Funding for the program
is authorized under section 611(c)(1) of
IDEA, which gives the Secretary the
authority to reserve funds appropriated
under Part B of IDEA to provide TA
activities authorized under section
616(i).1 Section 616(i) requires the
Secretary to review the data collection
and analysis capacity of States to ensure
that data and information determined
necessary for implementation of section
616 are collected, analyzed, and
accurately reported. It also requires the
Secretary to provide TA, where needed,
to improve the capacity of States to meet
the data collection requirements under
IDEA. The Consolidated Appropriations
Act of 2014 gives the Secretary the
authority to use FY 2014 funds reserved
under section 611(c) to assist the
1 All references to a statute in this priority are to
sections of IDEA unless otherwise noted.
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]]>Agencies
[Federal Register Volume 79, Number 84 (Thursday, May 1, 2014)]
[Proposed Rules]
[Pages 24656-24661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09862]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0081]
RIN 1625-AA00
Safety Zones; Annual Events in the Captain of the Port Zone
Buffalo
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend its safety zones regulations
for annually reoccurring firework displays and marine events within the
Captain of the Port Zone Buffalo. The safety zones that would be
amended or established by this proposed rulemaking are necessary to
protect the surrounding public, spectators, participants, and vessels
from the hazards associated with fireworks displays, hydroplane boat
races, and other events of a similar nature posing a potential hazard
to the safety of life and property on the navigable waters. This
proposed rule is intended to restrict vessels from designated areas on
navigable waterways during these events.
DATES: Comments and related materials must be received by the Coast
Guard on or before June 2, 2014.
ADDRESSES: You may submit comments identified by docket number USCG-
2014-0081 using any one of the following methods:
(1) Federal Rulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Delivery: At the same as mail address above, between 9 a.m. and
5 p.m., Monday through Friday, except federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
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 716-843-9573, email
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing or
submitting material to 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
NAD 83 North American Datum of 1983 Section
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2014-0081), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at https://www.regulations.gov or by fax, mail, or hand delivery,
but please use only one of these means. If you submit a
[[Page 24657]]
comment online, it will be considered received by the Coast Guard when
the comment is successfully transmitted. If you fax, hand deliver, or
mail your comment, it will be considered received by the Coast Guard
when the comment is received at the Docket Management Facility. We
recommend that you include your name and mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2014-0081] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this notice of proposed rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2014-0081) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The regulations found in 33 CFR 165.939 serve to protect the
boating public from hazards associated with firework displays that take
place on a navigable waterway within the Captain of the Port (COTP)
Zone Buffalo. For boundaries of this COTP zone, see 33 CFR 3.45-10. In
2013, the Captain of the Port Buffalo amended the regulations found in
33 CFR 165.939 through a final rule published April 23, 2013 (78 FR
23850). Those revisions clarified the locations of many outdated safety
zones and established seven additional safety zones within the Captain
of the Port Zone Buffalo area of responsibility.
C. Basis and Purpose
Section 165.939 currently lists 29 permanent safety zones within
the Captain of the Port Zone Buffalo. Each of these 29 safety zones
corresponds to an annually recurring fireworks display.
After the recent 2013 summer season it was noted the effective
times and dates published for these events were not always rigidly
adhered to by fireworks sponsors and event organizers and thus a
subsequent regulatory update enacting greater regulatory flexibility
for enforcement notification was desired in order to maximize Coast
Guard efficiency and public safety. Also, the COTP Buffalo has decided
to propose safety zones for one additional firework display and five
additional marine events.
With the above findings in mind, the Coast Guard proposes to amend
33 CFR 165.939 to revise the enforcement period and include several
non-fireworks events.
The Captain of the Port Buffalo has determined that these events
present significant hazards to public spectators and participants. Such
hazards include premature detonations, dangerous detonations, dangerous
projectiles, falling or burning debris, vessels of unique design
operating at great speed, and large numbers of competitive swimmers.
D. Discussion of Proposed Rule
For all of the above reasons, the Captain of the Port Sector
Buffalo proposes to revise 33 CFR 165.939. This revision would amend
the verbiage on the enforcement period for all 29 safety zones
currently listed and establish six additional safety zones in Sec.
165.939. These new safety zones would be added as paragraphs (30)
Thunder on the Niagara Hydroplane boat races, North Tonawanda, NY; (31)
Antique Boat Show Hydroplane boat races, Grand Island, NY; (32) D-Day
Conneaut Air show, Conneaut, OH; (33) Bay Swim, Erie, PA; (34) Rover
Fest fireworks display, Cleveland, OH; and (35) Cleveland National Air
show, Cleveland, OH. Although this proposed rule would remain in effect
throughout the year, the safety zones within it will be enforced only
before and during each corresponding event.
The Captain of the Port will use all appropriate means to notify
the public when the zones in this proposal will be enforced. Consistent
with 33 CFR 165.7(a), such means will include, among other things,
publication in the Federal Register and Broadcast Notice to Mariners.
Entry into, transiting, or anchoring within the proposed safety
zones would be prohibited unless authorized by the Captain of the Port
Buffalo or his on-scene representative. The Captain of the Port or his
on-scene representative may be contacted via VHF Channel 16.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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 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 proposed
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 zones contained in this proposed rule will be relatively
small and enforced for relatively short time. Also, the proposed safety
zones are designed to minimize their impact on navigable waters.
Furthermore, the
[[Page 24658]]
proposed safety zones have been designed to allow vessels to transit
around them. Thus, restrictions on vessel movement within a particular
area are expected to be minimal. Under certain conditions, moreover,
vessels may still transit through the safety zones when permitted by
the Captain of the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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
proposed rule will not have a significant economic impact on a
substantial number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in any one of the proposed safety zones
while these zones are being enforced. These safety zones will not have
a significant economic impact on a substantial number of small entities
for the following reasons: Each safety zone in this proposed rule will
be in enforced for no more than 10 hours in any 24-hour period with the
majority of zones only being in enforced for a few hours in any 24 hour
period. Each of the safety zones will be enforced only once per year
and will be in areas with low commercial vessel traffic. Furthermore,
these safety zones have been designed to allow traffic to pass safely
around each zone. In the event that a safety zone affects shipping,
commercial vessels may request permission from the Captain of the Port
Buffalo or his or her designated representative to transit the safety
zone.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
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 proposed 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, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
4. Collection of Information
This proposed 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 proposed rule under that Order and
determined that this rule does not have implications for federalism.
6. 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.
7. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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.
9. Civil Justice Reform
This proposed 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.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule is
categorically excluded, under figure 2-1, paragraph (34) (g), of the
Commandant Instruction because it involves the establishment of a
safety zone.
A preliminary environmental analysis checklist and a preliminary
categorical exclusion determination are available in
[[Page 24659]]
the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 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; 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. Revise Sec. 165.939 to read as follows:
Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.
(a) Safety Zones. The following are designated as safety zones. The
enforcement dates and times for each of the safety zones listed in this
section are subject to change, but the duration of enforcement would
remain the same or nearly the same as the total number of hours as
published. In the event of a change, the Captain of the Port Sector
Buffalo will provide notice to the public by publishing a Notice of
Enforcement in the Federal Register, as well as, issuing a Broadcast
Notice to Mariners.
(1) Boldt Castle 4th of July Fireworks, Heart Island, NY. (i)
Location. All U.S. waters of the Saint Lawrence River within a 1,120
foot radius of land position 44[deg]20'38.5'' N, 075[deg]55'19.1'' W
(NAD 83) at Heart Island, NY.
(ii) Enforcement period. July 4 from 8:30 p.m. to 10:30 p.m. each
year.
(2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY. (i)
Location. All U.S. waters of the Saint Lawrence River within an 840
foot radius of land position 44[deg]15'04'' N, 076[deg]05'40'' W (NAD
83) at Calumet Island, NY.
(ii) Enforcement period. July 3 from 9 p.m. to 11:30 p.m. of each
year.
(3) French Festival Fireworks, Cape Vincent, NY. (i) Location. All
U.S. waters of the Saint Lawrence River within an 840 foot radius of
land position 44[deg]07'54.6'' N, 076[deg]20'01.3'' W (NAD 83) in Cape
Vincent, NY.
(ii) Enforcement period. The second weekend of July from 9:15 p.m.
to 11 p.m. each year.
(4) Lyme Community Days, Chaumont, NY. (i) Location. All U.S.
waters of Chaumont Bay within a 560 foot radius of position
44[deg]04'06.3'' N, 076[deg]08'56.8'' W (NAD 83) in Chaumont, NY.
(ii) Enforcement period. The fourth weekend of July from 8:30 p.m.
to 11 p.m. each year.
(5) Village Fireworks, Sackets Harbor, NY. (i) Location. All U.S.
waters of Black River Bay within an 840 foot radius of position
43[deg]56'51.9'' N, 076[deg]0746.9'' W (NAD 83) in Sackets Harbor, NY.
(ii) Enforcement period. July 4 from 8:30 p.m. to 10:30 p.m. each
year.
(6) Can-Am Festival, Sackets Harbor, NY. (i) Location. All U.S.
waters of Black River Bay within a 1,120 foot radius of position
43[deg]57'15.9'' N, 076[deg]06'39.2'' W (NAD 83) in Sackets Harbor, NY.
(ii) Enforcement period. The third weekend of July from 9 p.m. to
10:45 p.m. each year.
(7) Oswego Harborfest, Oswego, NY. (i) Location. All U.S. waters of
Lake Ontario within a 1,000 foot radius of position 43[deg]28'10'' N,
076[deg]31'04'' W (NAD 83) in Oswego, NY.
(ii) Enforcement period. The last Saturday of July from 9 to 10:30
p.m. each year.
(8) Brewerton Fireworks, Brewerton, NY. (i) Location. All U.S.
waters of Lake Oneida within an 840 foot radius of barge position
43[deg]14'16.4'' N, 076[deg]08'03.6'' W (NAD 83) in Brewerton, NY.
(ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. each
year.
(9) Celebrate Baldwinsville Fireworks, Baldwinsville, NY. (i)
Location. All U.S. waters of the Seneca River within a 700 foot radius
of land position 43[deg]09'24.9'' N, 076[deg]20'18.9'' W (NAD 83) in
Baldwinsville, NY.
(ii) Enforcement period. The first weekend of July from 9 p.m. to
11 p.m. each year.
(10) Island Festival Fireworks, Baldwinsville, NY. (i) Location.
All U.S. waters of the Seneca River within a 1,120 foot radius of land
position 43[deg]09'22'' N, 076[deg]20'15'' W (NAD 83) in Baldwinsville,
NY.
(ii) Enforcement period. The first weekend of July from 9:30 p.m.
to 11 p.m. each year.
(11) Seneca River Days, Baldwinsville, NY. (i) Location. All U.S.
waters of the Seneca River within an 840 foot radius of land position
43[deg]09'25'' N, 076[deg]20'21'' W (NAD 83) in Baldwinsville, NY.
(ii) Enforcement period. The second weekend of July from 9 p.m. to
10:30 p.m. each year.
(12) City of Syracuse Fireworks Celebration, Syracuse, NY. (i)
Location. All U.S. waters of Onondaga Lake within a 350 foot radius of
land position 43[deg]03'37'' N, 076[deg]09'59'' W (NAD 83) in Syracuse,
NY.
(ii) Enforcement period. The last weekend of June from 9:30 p.m. to
10:30 p.m. each year.
(13) Tom Graves Memorial Fireworks, Port Bay, NY. (i) Location. All
U.S. waters of Port Bay within an 840 foot radius of barge position
43[deg]18'14.8'' N, 076[deg]50'17.3'' W (NAD 83) in Port Bay, NY.
(ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. of each
year.
(14) Village Fireworks, Sodus Point, NY. (i) Location. All U.S.
waters of Sodus Bay within a 1,120 foot radius of land position
43[deg]16'28.7'' N, 076[deg]58'27.5'' W (NAD 83) in Sodus Point, NY.
(ii) Enforcement period. July 3 from 9:30 p.m. to 10:30 p.m. each
year.
(15) Rochester Harbor and Carousel Festival, Rochester, NY. (i)
Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of
land position 43[deg]15'40.2'' N, 077[deg]36'05.1'' W (NAD 83) in
Rochester, NY.
(ii) Enforcement period. The fourth Monday of June from 8 p.m. to
10 p.m. each year.
(16) A Salute to our Heroes, Hamlin Beach State Park, NY. (i)
Location. All U.S. waters of Lake Ontario within a 560 foot radius of
land position 43[deg]21'51.9'' N, 077[deg]56'59.6'' W (NAD 83) in
Hamlin, NY.
(ii) Enforcement period. The first weekend of July from 9:45 p.m.
to 11:30 p.m. each year.
(17) Olcott Fireworks, Olcott, NY. (i) Location. All U.S. waters of
Lake Ontario within a 1,120 foot radius of land position
43[deg]20'23.6'' N, 078[deg]43'09.5'' W (NAD 83) in Olcott, NY.
(ii) Enforcement period. July 3 from 9:30 p.m. to 11 p.m. of each
year.
(18) North Tonawanda Fireworks, North Tonawanda, NY. (i) Location.
All U.S. waters of the East Niagara River within a 1,400 foot radius of
land position 43[deg]01'39.6'' N, 078[deg]53'07.5'' W (NAD 83) in North
Tonawanda, NY.
(ii) Enforcement period. July 4 from 8:45 p.m. to 10:15 p.m. of
each year.
(19) Tonawanda's Canal Fest Fireworks, Tonawanda, NY. (i) Location.
All U.S. waters of the East Niagara River within a 210 foot radius of
land position 43[deg]01'17.8'' N, 078[deg]52'40.9'' W (NAD 83) in
Tonawanda, NY.
(ii) Enforcement period. The fourth Sunday of July from 9 p.m. to
10:30 p.m. each year.
(20) Celebrate Erie Fireworks, Erie, PA. (i) Location. All U.S.
waters of Presque Isle Bay within an 800 foot radius of land position
42[deg]08'19'' N, 080[deg]05'29'' W (NAD 83) in Erie, PA.
[[Page 24660]]
(ii) Enforcement period. The third weekend of August from 9:45 p.m.
to 10:30 p.m. each year.
(21) Conneaut Fourth of July Fireworks, Conneaut, OH. (i) Location.
All U.S. waters of Lake Erie within an 840 foot radius of position
41[deg]58'01.3'' N, 080[deg]33'39.5'' W (NAD 83) in Erie, PA.
(ii) Enforcement period. The first Sunday of July from 9 p.m. to
11:30 p.m. each year.
(22) Fairport Harbor Mardi Gras, Fairport, OH. (i) Location. All
U.S. waters of Lake Erie within a 350 foot radius of land position
41[deg]45'30'' N, 081[deg]16'18'' W (NAD 83) east of the harbor
entrance at Fairport Harbor Beach, OH.
(ii) Enforcement period. The beginning of the second week of July
from 9 p.m. to 10:30 p.m. each year.
(23) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH. (i)
Location. All U.S. waters of Lake Erie and Mentor Harbor within a 700
foot radius of land position 41[deg]43'36'' N, 081[deg]21'09'' W (NAD
83) in Mentor Harbor, OH.
(ii) Enforcement period. July 3 from 9 p.m. to 10:30 p.m. each
year.
(24) Browns Football Halftime Fireworks, Cleveland, OH. (i)
Location. All U.S. waters of Cleveland Harbor and Lake Erie encompassed
by a line beginning at approximate land position 41[deg]30'49.4'' N,
081[deg]41'37.2'' W (the northwest corner of Burke Lakefront Airport);
continuing northwest to 41[deg]31'10.6'' N, 081[deg]41'53.0'' W; then
southwest to 41[deg]30'48.6'' N, 081[deg]42'30.9'' W (the northwest
corner of dock 28 at the Cleveland Port Authority) then northeast back
to the starting point at 41[deg]30'49.4'' N, 081[deg]41'37.2'' W (NAD
83).
(ii) Enforcement period. On a Sunday during the second or third
Cleveland Browns home game each year. The Captain of the Port will
issue a Notice of Enforcement each year for this Browns Football
Halftime Fireworks' safety zone.
(25) City of Cleveland 4th of July, Cleveland, OH. (i) Location.
All U.S. waters of Lake Erie and Cleveland Harbor within a 1,000 foot
radius of land position 41[deg]30'10'' N, 081[deg]42'36'' W (NAD 83) at
Dock 20 in Cleveland, OH.
(ii) Enforcement period. July 4 from 9:30 p.m. to 11 p.m. each
year.
(26) Cleveland Yachting Club Fireworks Display, Rocky River, OH.
(i) Location. All U.S. waters of the Rocky River and Lake Erie within a
560 foot radius of land position 41[deg]29'25.7'' N, 081[deg]50'18.5''
W (NAD 83), at Sunset Point on the western side of the mouth of the
Rocky River in Cleveland, OH.
(ii) Enforcement period. The second Thursday of July from 9:15 p.m.
to 11 p.m. each year.
(27) Sheffield Lake Fireworks, Sheffield Lake, OH. (i) Location.
All U.S. waters of Lake Erie within a 700 foot radius of land position
41[deg]29'26.2'' N, 082[deg]06'47.7'' W (NAD 83), at the lake front
area in Sheffield Lake, OH.
(ii) Enforcement period. The second Friday of July from 9:30 p.m.
to 11 p.m. each year.
(28) Lorain 4th of July Celebration Fireworks, Lorain, OH. (i)
Location. All U.S. waters of Lorain Harbor within a 1,400 foot radius
of land position 41[deg]28'35.5'' N, 082[deg]10'51.3'' W (NAD 83), east
of the harbor entrance on the end of the break wall near Spitzer's
Marina.
(ii) Enforcement period. July 4 from 9:15 p.m. to 11 p.m. each
year.
(29) Lorain Port Fest Fireworks Display, Lorain, OH. (i) Location.
All U.S. waters of Lorain Harbor within a 750 foot radius of land
position 41[deg]28'02.4'' N, 082[deg]10'21.9'' W (NAD 83) in Lorain,
OH.
(ii) Enforcement period. The third weekend of July from 9:45 p.m.
to 11 p.m. each year.
(30) Thunder of the Niagara Hydroplane boat races, North Tonawanda,
NY. (i) Location. All U.S. waters of Niagara River, near North
Tonawanda, NY within 2 miles of the North Grand Island Bridge,
encompassed by a line starting at 43[deg]03'32.95'' N,
078[deg]54'46.93'' W; to 43[deg]03'14.55'' N, 078[deg]55'15.97'' W;
then to 43[deg]02'39.72'' N, 078[deg]54'13.05'' W; then to
43[deg]02'59.99'' N, 078[deg]53'41.99'' W; and returning to the point
of origin (NAD 83).
(ii) Enforcement period. The second of weekend of August from 9
a.m. to 5 p.m. each year.
(31) Antique Boat Show Hydroplane boat races, Grand Island, NY. (i)
Location. All waters of Niagara River, Grand Island, NY encompassed by
a line starting at position 42[deg]59'59'' N, 078[deg]56'22'' W; East
to 49[deg]59'54'' N, 078[deg]56'14'' W; South to 42[deg]57'54'' N,
078[deg]56'04'' W; West to 42[deg]057'48'' N, 078[deg]56'22'' W; and
returning to the point of origin (NAD 83).
(ii) Enforcement period. The first weekend of September from 9 a.m.
to 4 p.m. each year.
(32) D-Day Conneaut Air Show, Conneaut, OH. (i) Location. All U.S.
waters of Conneaut Township Park, Lake Erie, Conneaut, OH encompassed
by a line starting at 41[deg]57.71' N, 080[deg]34.18' W; to
41[deg]58.36' N, 080[deg]34.17' W; to 41[deg]58.53' N, 080[deg]33.55'
W; to 41[deg]58.03' N, 080[deg]33.72' W; and returning to the point of
origin. (NAD 83).
(ii) Enforcement period. The third weekend of August from 1:45 p.m.
to 5:30 p.m. each year.
(33) Bay Swim, Erie, PA. (i) Location. All U.S. waters of Presque
Isle Bay, Erie, PA within a 1000 feet of a line starting at Vista 3 in
Presque Isle State Park at position 42[deg]07'29.30'' N,
80[deg]08'48.82'' W and ending at to the Erie Yacht Club at position
42[deg]07'21.74'' N, 80[deg]07'58.30'' W (NAD 83).
(ii) Enforcement period. The third week in June each year.
(34) Rover Fest fireworks display, Cleveland, OH. (i) Location. All
U.S. waters of Lake Erie, Cleveland, OH within a 280 foot radius from
position 41[deg]30'34.23'' N and 081[deg]41'55.73'' W (NAD 83).
(ii) Enforcement period. The second or third weekend of July each
year.
(35) Cleveland National Air show, Cleveland, OH. (i) Location. The
safety zone encompass the portion of Lake Erie and Cleveland Harbor
within a line originating near Burke Lakefront Airport from position
41[deg]30'20'' N and 081[deg]42'20'' W to 41[deg]30'50'' N and
081[deg]42'49'' W, to 41[deg]32'09'' N and 081[deg]39'49'' W, to
41[deg]31'53'' N and 081[deg]39'24'' W, then return to the original
position (NAD 83).
(ii) Enforcement period. On the Friday before Labor Day through the
Wednesday following Labor Day with maximum daily times from 8 a.m. to 6
p.m.. The daily time period will be reduced as operations permit.
(b) Definitions. The following definitions apply to this section:
(1) ``On-scene Representative'' means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Buffalo
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) ``Public vessel'' means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within is the
aforementioned safety zones are prohibited unless authorized by the
Captain of the Port Buffalo or his designated on-scene representative.
(1) The safety zones described in paragraph (a) of this section are
closed to all vessel traffic, except as may be permitted by the Captain
of the Port Buffalo or his designated on-scene representative.
[[Page 24661]]
(3) Vessel operators desiring to enter or operate within the safety
zones described in paragraph (a) of this section 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 a safety zone must comply with
all directions given to them by the Captain of the Port Buffalo, or his
on-scene representative.
(d) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.
(e) Waiver. For any vessel, the Captain of the Port Buffalo or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
(f) Notification. The Captain of the Port Buffalo will notify the
public that the safety zones in this section are or will be enforced by
all appropriate means to the affected segments of the through
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Additionally, the enforcement dates and times for each
of the safety zones listed above are subject to change, though the
duration of enforcement would remain the same or nearly the same total
number of hours as stated above. In either event, whether the safety
zones occur at the dates and times as stated above, or whether the date
or time of a safety zone changes, the Captain of the Port Buffalo will
similarly make such notification as described in this paragraph (f).
Such means of further notification may also include, but are not
limited to Broadcast Notice to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a Broadcast Notice to Mariners
notifying the public when enforcement of the safety zone is cancelled.
Dated: March 12, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2014-09862 Filed 4-30-14; 8:45 am]
BILLING CODE 9110-04-P
