Safety Zone; United States and Canadian Military Exercise Jump Training, Lake Erie, Hamburg, NY, 36210-36213 [2014-14896]
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations
TABLE 1 TO § 165.151—Continued
• Location: Waters of Reynolds Channel off Hempstead, NY within 600
feet of the fireworks launch site located in approximate position
40°35′36.87″ N, 073°35′20.72″ W (NAD 83).
7
July
7.12
City of Stamford Fireworks ............................................................
•
•
•
•
7.13
City of West Haven Fireworks .......................................................
•
•
•
•
7.23
Riverfest Fireworks ........................................................................
•
•
•
•
7.29
Mashantucket Pequot Fireworks ...................................................
•
•
•
•
Date: July 3, 2014.
Rain date: July 5, 2014.
Time: 9 p.m. to 10:30 p.m.
Location: Waters of Fisher’s Westcott cove, Stamford, CT in approximate position 41°02′09.56″ N, 073°30′57.76″ W (NAD 83).
Date: July 3 2014.
Rain date: July 5, 2014.
Time: 8:45 p.m. to 10:30 p.m.
Location: Waters of New Haven Harbor, off Bradley Point, West
Haven, CT within 800 feet of the fireworks launch site located in approximate position 41°15′07″ N, 072°57′26″ W (NAD 83).
Date: July 12, 2014.
Rain date: July 13, 2014.
Time: 4:00 p.m. to 12:00 a.m.
Location: Waters of the Connecticut River near Hartford, CT within
800 feet of the center point of four fireworks barges located in approximate position, 41°45′39.93″ N, 072°39′49.14″ W (NAD 83).
Date: July 12, 2014.
Rain Date: July 13, 2014.
Time: 8:30 p.m. to 10:30 p.m.
Location: Waters of the Thames River New London, CT within 1,000
feet of the fireworks barges located in the following approximate positions:
Barge 1, 41°21′03.31″ N, 072°05′21.54″ W Barge 2, 41°20′51.75″
N, 072°05′18.90″ W (NAD 83).
TABLE 2 TO § 165.151
August
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1.1
Swim Across the Sound ..................................................................
Under the provisions of 33 CFR
165.151, the fireworks displays and
swim events listed above are established
as safety zones. During the enforcement
periods, persons and vessels are
prohibited from entering into, transiting
through, mooring, or anchoring within
the regulated area or safety zone unless
they receive permission from the COTP
or designated representative.
This notice is issued under authority
of 33 CFR part 165 and 5 U.S.C. 552(a).
In addition to this notice in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via the Local Notice to Mariners or
marine information broadcasts. If the
COTP determines that the regulated area
or safety zone need not be enforced for
the full duration stated in this notice, a
Broadcast Notice to Mariners may be
used to grant general permission to
enter the regulated area or safety zone.
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• Date: August 2, 2014.
• Time: 8:30 a.m. to 7:30 p.m.
• Location: Waters of Long Island Sound, Port Jefferson, NY to Captain’s Cove Seaport, Bridgeport, CT. in approximate positions
40°58′11.71″ N 073°05′51.12″ W, north-westerly to the finishing point
at Captain’s Cove Seaport 41°09′25.07″ N 073°12′47.82″ W (NAD
83).
Dated: June 13, 2014.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the
Port Sector Long Island Sound.
[FR Doc. 2014–14993 Filed 6–25–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0260]
RIN 1625–AA00
Safety Zone; United States and
Canadian Military Exercise Jump
Training, Lake Erie, Hamburg, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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The Coast Guard is
establishing a temporary safety zone on
Lake Erie, Hamburg, NY. This rule is
necessary to protect the United States
military and Canadian military
participants as well as mariners and
vessels from the navigational and safety
hazards associated with the airborne
deployment of U.S. and Canadian
military personnel and their associated
equipment. This rule is intended to
restrict vessels from a portion of Lake
Erie from the shoreline of Woodlawn
Beach out approximately one mile into
Lake Erie during the airborne
deployment exercise.
DATES: This temporary final rule is
effective from 7:30 a.m. July 9, 2014,
until 6:30 p.m. July 11, 2014. It will be
enforced from 7:30 a.m. until 6:30 p.m.
daily from July 9, 2014 through July 11,
2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
SUMMARY:
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations
2014–0260]. 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–
843–9573, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone
202–366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
§ Section
A. Regulatory History and Information
The Coast Guard is issuing this TFR
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 and contrary to the public
interest. 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. Thus, delaying the effective date
of this rule to wait for a comment period
to run would be both impracticable and
contrary to the public interest 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 TFR effective less than 30
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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 7:30 a.m. to 6:30 p.m. each
day on July 9–11, 2014 a training
operation will be taking place on Lake
Erie Hamburg, NY. The Captain of the
Port Buffalo has determined that
airborne deployment of military
personnel may pose a significant risk to
public safety and property. Such
hazards include parachutes and rigging
equipment for the parachuting military
personnel floating on the water as well
as the potential for collisions between
vessels and descending parachuting
military personnel.
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 U.S. and Canadian military
personnel, transient watercraft and
potential spectator vessels during this
exercise. This zone will be effective and
enforced between 7:30 a.m. to 6:30 p.m.
daily from July 9, 2014, through July 11,
2014. Radio broadcasts will be made
prior to all jump evolutions. This safety
zone will encompass all waters of Lake
Erie, Hamburg, NY off of Woodlawn
beach within a zone described by the
following position: Beginning at
42°45′50.82″ N, 078°53′23.46″ W, the
point of origin, in a straight line north
to 42°46′50.82″ N, 078°53′23.46″ W then
in a straight line east to 42°46′50.82″ N,
078°52′01.68″ W then in a straight line
to south to the shoreline position
42°46′17.84″ N, 078°52′01.68″ W and
continuing along the shoreline south to
42°45′50.82″ N, 078°52′48.18″ W and
returning in a straight line west to the
point of origin (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.
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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
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
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 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.
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 Lake Erie between 8:00 a.m.
to 6:00 p.m. daily starting on July 9–11,
2014.
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 10 hours each
day. The majority of the training
exercises will be conducted during the
regular business week during normal
daylight business hours reducing the
likelihood of affecting transient
recreational vessels. Traffic may be
allowed to pass around the zone with
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations
the permission of the Captain of the Port
before and after the completion of each
evolution. Entry into, transiting, or
anchoring within the safety zone is
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.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this 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 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 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.
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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.
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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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. 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.
9. 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.
10. Protection of Children From
Environmental Health Risks
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.
11. 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
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That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 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 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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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. Add § 165.T09–0260 to read as
follows:
■
§ 165.T09–0260 Safety Zone; US/CA
Special Forces Jump Training, Lake Erie,
Hamburg, NY.
(a) Location. This safety zone will
encompass all waters of Lake Erie,
Hamburg, NY, off of Woodlawn beach
within a zone described by the
following positions: Beginning at
42°45′50.82″ N, 078°53′23.46″ W, the
point of origin, in a straight line north
to 42°46′50.82″ N, 078°53′23.46″ W then
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations
in a straight line east to 42°46′50.82″ N,
078°52′01.68″ W then in a straight line
to south to the shoreline position
42°46′17.84″ N, 078°52′01.68″ W and
continuing along the shoreline south to
42°45′50.82″ N, 078°52′48.18″ W and
returning in a straight line west to the
point of origin (NAD 83).
(b) Enforcement period. This section
will be enforced between 7:30 a.m. to
6:30 p.m. daily starting on July 9, 2014,
through July 11, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within the safety zone
described in paragraph (a) of this
§ 165.T09–0260 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.
(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 is or will
be enforced by all appropriate means to
the affected segments of the public
including publication in the Federal
Register as practicable, in accordance
with 33 CFR 165.7(a). Such means of
notification may also include, but are
not limited to Broadcast Notice to
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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.
36213
Dated: June 12, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
email John K. Jennings, Sector Miami
Prevention Department, U.S. Coast
Guard; telephone (305) 535–4317, email
john.k.jennings@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2014–14896 Filed 6–25–14; 8:45 am]
Table of Acronyms
BILLING CODE 9110–04–P
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0165]
RIN 1625–AA00
Safety Zones; July 4th Fireworks
Displays Within the Captain of the Port
Zone, Miami FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three temporary safety
zones during Fourth of July firework
events on navigable waterways in the
vicinity of Stuart, West Palm Beach, and
Miami, Florida. These safety zones are
necessary to protect the public from
hazards associated with launching
fireworks over the navigable waters of
the United States. Non-participant
persons and vessels are prohibited from
entering, transiting through, anchoring
in, or remaining within any of the safety
zones unless authorized by the Captain
of the Port Miami or a designated
representative.
SUMMARY:
This rule is effective and will be
enforced from 8:30 p.m. until 10:15 p.m.
on July 4, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0165]. 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.
DATES:
If
you have questions on this rule, call or
FOR FURTHER INFORMATION CONTACT:
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A. Regulatory History and Information
On May 6, 2014, a Notice of Proposed
Rulemaking (NPRM) entitled Safety
Zones: July 4th Fireworks Displays
within the Captain of the Port Miami
Zone, FL was published in the Federal
Register (79 FR 25763). We received no
comments on the proposed rule. No
Public meeting was requested, and none
was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Any delay in the effective date
of this rule would be contrary to the
public interest because immediate
action is needed to minimize potential
hazards associated with launching
fireworks over the navigable waters of
the United States.
B. Basis and Purpose
(a) The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 33
CFR 1.05–1(g), and 160.5; Department of
Homeland Security Delegation No.
0170.1.
(b) The purpose of the rule is to
provide for the safety of life on
navigable waters of the United States.
C. Discussion of the Final Rule
Multiple fireworks display events are
planned for Fourth of July celebrations
throughout the Captain of the Port
Miami Zone. The fireworks will explode
over navigable waters of the United
States.
The Coast Guard is establishing three
temporary safety zones for fireworks
displays on July 4, 2014 on navigable
waters of the United States within the
Captain of the Port Miami Zone based
on the location and/or size of the events.
The safety zones are listed below.
The first safety zone is in Stuart,
Florida. The safety zone encompasses
all waters within a 400 yard radius
around the barge from which the
fireworks will be launched, located on
the St. Lucie River north of City Hall.
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]]>Agencies
[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36210-36213]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14896]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0260]
RIN 1625-AA00
Safety Zone; United States and Canadian Military Exercise Jump
Training, Lake Erie, Hamburg, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Hamburg, NY. This rule is necessary to protect the United
States military and Canadian military participants as well as mariners
and vessels from the navigational and safety hazards associated with
the airborne deployment of U.S. and Canadian military personnel and
their associated equipment. This rule is intended to restrict vessels
from a portion of Lake Erie from the shoreline of Woodlawn Beach out
approximately one mile into Lake Erie during the airborne deployment
exercise.
DATES: This temporary final rule is effective from 7:30 a.m. July 9,
2014, until 6:30 p.m. July 11, 2014. It will be enforced from 7:30 a.m.
until 6:30 p.m. daily from July 9, 2014 through July 11, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-
[[Page 36211]]
2014-0260]. 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 716-843-9573, email
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing
the docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone 202-366-9826 or 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
Sec. Section
A. Regulatory History and Information
The Coast Guard is issuing this TFR 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 and
contrary to the public interest. 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. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public interest 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 TFR 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 7:30 a.m. to 6:30 p.m. each day on July 9-11, 2014 a
training operation will be taking place on Lake Erie Hamburg, NY. The
Captain of the Port Buffalo has determined that airborne deployment of
military personnel may pose a significant risk to public safety and
property. Such hazards include parachutes and rigging equipment for the
parachuting military personnel floating on the water as well as the
potential for collisions between vessels and descending parachuting
military personnel.
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 U.S. and Canadian military personnel, transient
watercraft and potential spectator vessels during this exercise. This
zone will be effective and enforced between 7:30 a.m. to 6:30 p.m.
daily from July 9, 2014, through July 11, 2014. Radio broadcasts will
be made prior to all jump evolutions. This safety zone will encompass
all waters of Lake Erie, Hamburg, NY off of Woodlawn beach within a
zone described by the following position: Beginning at
42[deg]45'50.82'' N, 078[deg]53'23.46'' W, the point of origin, in a
straight line north to 42[deg]46'50.82'' N, 078[deg]53'23.46'' W then
in a straight line east to 42[deg]46'50.82'' N, 078[deg]52'01.68'' W
then in a straight line to south to the shoreline position
42[deg]46'17.84'' N, 078[deg]52'01.68'' W and continuing along the
shoreline south to 42[deg]45'50.82'' N, 078[deg]52'48.18'' W and
returning in a straight line west to the point of origin (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 13563. The Office of Management and
Budget has not reviewed it under those Orders.
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 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.
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 Lake Erie between 8:00 a.m. to
6:00 p.m. daily starting on July 9-11, 2014.
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 10 hours each day. The majority of the training exercises will be
conducted during the regular business week during normal daylight
business hours reducing the likelihood of affecting transient
recreational vessels. Traffic may be allowed to pass around the zone
with
[[Page 36212]]
the permission of the Captain of the Port before and after the
completion of each evolution. Entry into, transiting, or anchoring
within the safety zone is 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.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 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 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. 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. Sec. Sec. 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.
8. 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.
9. 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.
10. Protection of Children From Environmental Health Risks
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.
11. 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.
12. 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.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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. Sec. Sec. 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 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 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
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 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.T09-0260 to read as follows:
Sec. 165.T09-0260 Safety Zone; US/CA Special Forces Jump Training,
Lake Erie, Hamburg, NY.
(a) Location. This safety zone will encompass all waters of Lake
Erie, Hamburg, NY, off of Woodlawn beach within a zone described by the
following positions: Beginning at 42[deg]45'50.82'' N,
078[deg]53'23.46'' W, the point of origin, in a straight line north to
42[deg]46'50.82'' N, 078[deg]53'23.46'' W then
[[Page 36213]]
in a straight line east to 42[deg]46'50.82'' N, 078[deg]52'01.68'' W
then in a straight line to south to the shoreline position
42[deg]46'17.84'' N, 078[deg]52'01.68'' W and continuing along the
shoreline south to 42[deg]45'50.82'' N, 078[deg]52'48.18'' W and
returning in a straight line west to the point of origin (NAD 83).
(b) Enforcement period. This section will be enforced between 7:30
a.m. to 6:30 p.m. daily starting on July 9, 2014, through July 11,
2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
the safety zone described in paragraph (a) of this Sec. 165.T09-0260
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.
(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 is or will be enforced by
all appropriate means to the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of 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: June 12, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2014-14896 Filed 6-25-14; 8:45 am]
BILLING CODE 9110-04-P
