Safety Zone; Oswego Harborfest Jet Ski Show; Oswego Harbor, Oswego, NY, 39694-39696 [2015-16807]

Download as PDF 39694 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations (d) Penalties. Persons and vessels violating this rule are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. Dated: June 3, 2015. S.D. Montoya, Commander, U.S. Coast Guard, Acting Captain of the Port, Western Alaska. BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–0507] RIN 1625–AA00 Safety Zone; Oswego Harborfest Jet Ski Show; Oswego Harbor, Oswego, NY Coast Guard, DHS. Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on Oswego Harbor, Oswego, NY. This safety zone is intended to restrict vessels from a portion of Oswego Harbor during the Oswego Harborfest Jet Ski Show. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a jet ski show. DATES: This rule will be effective from 12:45 p.m. on July 25, 2015 until 7:15 p.m. on July 26, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2015–0507]. 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 LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716– 843–9343, email SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:28 Jul 09, 2015 Jkt 235001 Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule [FR Doc. 2015–16700 Filed 7–9–15; 8:45 am] ACTION: Manager, Docket Operations, telephone 202–366–9826 or 1–800–647–5527. SUPPLEMENTARY INFORMATION: A. Regulatory History and Information The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable 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. Therefore, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 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; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones. Between 12:45 p.m. and 7:15 p.m. on July 25, 2015 and between 12:45 p.m. and 7:15 p.m. on July 26, 2015, a jet ski show will be taking place on Oswego Harbor in Oswego, NY. Based on recent accidents that have occurred in other Captain of the Port zones, the Captain of the Port Buffalo has determined a jet ski show presents significant risks to public safety and property. The likely combination of large numbers of PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 recreational vessels, congested waterways, and alcohol use by some spectators, present a significant risk of serious injuries or fatalities. C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during the Oswego Harborfest Jet Ski Show. This zone will be effective and enforced intermittently from 12:45 p.m. until 7:15 p.m. on July 25, 2015 and from 12:45 p.m. until 7:15 p.m. on July 26, 2015. This zone will encompass all waters of Oswego Harbor; Oswego, NY starting at position 43°27′49.88″ N. and 076°31′15.41″ W. then Northwest to 43°27′51.72″ N. and 076°31′18.13 then Southwest to 43°27′44.26″ N. and 076°31′39.18″ W. then South to 43°27′42.68″ N. and 076°31′36.91″ W. then returning the point of origin. 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 a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the E:\FR\FM\10JYR1.SGM 10JYR1 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with RULES 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this 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 Oswego Harbor on July 25 and 26, 2015. 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 subject to enforcement for a few hours a day over the course of two days and the safety zone will allow vessels to move freely around the safety zone in Oswego Harbor. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. Before the enforcement of the zone, we would issue local Broadcast Notice to Mariners. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section 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 VerDate Sep<11>2014 16:28 Jul 09, 2015 Jkt 235001 39695 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. 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. 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). 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. 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. 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 We have analyzed this rule under Executive Order 13045, Protection of PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a safety zone and, therefore it is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. 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: E:\FR\FM\10JYR1.SGM 10JYR1 39696 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ENVIRONMENTAL PROTECTION AGENCY 1. The authority citation for part 165 continues to read as follows: 40 CFR Part 52 ■ mstockstill on DSK4VPTVN1PROD with RULES Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. [EPA–R03–OAR–2015–0175; FRL–9930–23Region 3] Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. FOR FURTHER INFORMATION CONTACT: ´ Emlyn Velez-Rosa, (215) 814–2038, or by email at velez-rosa.emlyn@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On November 13, 2009, EPA published designations for the 2006 24■ 2. Add § 165.T09–0507 to read as hour PM2.5 NAAQS (74 FR 58688), follows: which became effective on December § 165.T09–0507 Safety Zone; Oswego 14, 2009. In that action, EPA designated Harborfest Jet Ski Show; Oswego Harbor, the Liberty-Clairton Area as Oswego, NY. AGENCY: Environmental Protection nonattainment for the 2006 24-hour Agency (EPA). (a) Location. This zone will PM2.5 NAAQS. The Liberty-Clairton encompass all waters of Oswego Harbor; ACTION: Final rule. Area is comprised of the following Oswego, NY starting at position portion of Allegheny County: The SUMMARY: The Environmental Protection boroughs of Lincoln, Glassport, Liberty, 43°27′49.88″ N. and 076°31′15.41″ W. Agency (EPA) is finalizing a then Northwest to 43°27′51.72″ N. and and Port Vue and the City of Clairton. determination of attainment regarding 076°31′18.13 then Southwest to See 40 CFR 81.339 (Pennsylvania). The the Liberty-Clairton, Pennsylvania 2006 Liberty-Clairton Area is surrounded by, 43°27′44.26″ N. and 076°31′39.18″ W. 24-hour fine particulate matter (PM2.5) then South to 43°27′42.68″ N. and but separate and distinct from, the nonattainment area (hereafter ‘‘Liberty076°31′36.91″ W. then returning the Pittsburgh-Beaver Valley PM2.5 Clairton Area’’ or ‘‘the Area’’). EPA is point of origin. nonattainment area. determining that the Liberty-Clairton A nonattainment designation under (b) Enforcement period. This Area has attained the 2006 24-hour the CAA triggers additional planning regulation will be enforced PM2.5 National Ambient Air Quality requirements for states to show intermittently on July 25, 2015 from Standard (NAAQS), based upon quality- attainment of the NAAQS in the 12:45 p.m. until 7:15 p.m. and on July 26, 2015 from 12:45 p.m. until 7:15 p.m. assured, quality-controlled and certified nonattainment areas by a statutory ambient air monitoring data for the attainment date, as specified in the (c) Regulations. (1) In accordance with calendar years 2012–2014. EPA’s final CAA. Since 2005, EPA had the general regulations in § 165.23, entry ‘‘clean data determination’’ will implemented the 1997 and 2006 PM2.5 into, transiting, or anchoring within this suspend the requirements to submit for NAAQS based on the general safety zone is prohibited unless the Liberty-Clairton Area an attainment implementation provisions of subpart 1 authorized by the Captain of the Port demonstration, reasonably available of Part D of Title I of the CAA (subpart Buffalo or his designated on-scene control measures (RACM), reasonable 1). On January 4, 2013, in Natural representative. further progress (RFP), and contingency Resources Defense Council v. EPA (2) This safety zone is closed to all measures related to attainment of the (NRDC v. EPA), the D.C. Circuit vessel traffic, except as may be 2006 24-hour PM2.5 NAAQS, for so long determined that EPA should be permitted by the Captain of the Port as the Area continues to attain the 2006 implementing its PM2.5 pollution Buffalo or his designated on-scene 24-hour PM2.5 NAAQS. This final standard under additional CAA representative. determination will not constitute a requirements than those EPA had been (3) The ‘‘on-scene representative’’ of redesignation to attainment. This final following in subpart 1 and remanded to the Captain of the Port Buffalo is any action is being taken under the Clean EPA the ‘‘Final Clean Air Fine Particle Coast Guard commissioned, warrant or Air Act (CAA). Implementation Rule’’ (1997 PM2.5 petty officer who has been designated DATES: This final rule is effective on Implementation Rule) (72 FR 20586, by the Captain of the Port Buffalo to act August 10, 2015. April 25, 2007) and the on his behalf. ‘‘Implementation of the New Source ADDRESSES: EPA has established a (4) Vessel operators desiring to enter Review (NSR) Program for Particulate docket for this action under Docket ID or operate within the safety zone must Number EPA–R03–OAR–2015–0175. All Matter Less than 2.5 Micrometers contact the Captain of the Port Buffalo (PM2.5)’’ final rule (2008 NSR PM2.5 documents in the docket are listed in or his on-scene representative to obtain Rule).1 706 F.3d 428 (D.C. Cir. 2013). the www.regulations.gov Web site. permission to do so. The Captain of the Although listed in the electronic docket, The D.C. Circuit found that the EPA Port Buffalo or his on-scene erred in implementing the 1997 PM2.5 some information is not publicly representative may be contacted via NAAQS solely pursuant to subpart 1, available, i.e., confidential business VHF Channel 16. Vessel operators given without consideration of the particulate information (CBI) or other information permission to enter or operate in the whose disclosure is restricted by statute. matter specific provisions of subpart 4 safety zone must comply with all of Part D of Title I of the CAA (subpart Certain other material, such as directions given to them by theCaptain 4). copyrighted material, is not placed on of the Port Buffalo, or his on-scene On April 25, 2014, EPA finalized a the Internet and will be publicly representative. rule identifying the classification of all available only in hard copy form. Dated: June 15, 2015. PM2.5 areas currently designated Publicly available docket materials are B. W. Roche, available either electronically through 1 EPA’s 2008 NSR PM 2.5 Rule relates to Captain, U.S. Coast Guard, Captain of the www.regulations.gov or in hard copy for requirements for the NSR permitting program Port Buffalo. public inspection during normal required by parts C and D of title I of the CAA. The [FR Doc. 2015–16807 Filed 7–9–15; 8:45 am] business hours at the Air Protection details and provisions of the 2008 NSR PM2.5 Rule Division, U.S. Environmental Protection are not relevant to this proposed rulemaking. BILLING CODE 9110–04–P VerDate Sep<11>2014 17:32 Jul 09, 2015 Jkt 235001 Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Determination of Attainment of the 2006 24-Hour Fine Particulate Standard for the LibertyClairton Nonattainment Area PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1

Agencies

[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39694-39696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16807]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0507]
RIN 1625-AA00


Safety Zone; Oswego Harborfest Jet Ski Show; Oswego Harbor, 
Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Oswego Harbor, Oswego, NY. This safety zone is intended to restrict 
vessels from a portion of Oswego Harbor during the Oswego Harborfest 
Jet Ski Show. This temporary safety zone is necessary to protect 
mariners and vessels from the navigational hazards associated with a 
jet ski show.

DATES: This rule will be effective from 12:45 p.m. on July 25, 2015 
until 7:15 p.m. on July 26, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0507]. 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 LTJG Amanda Garcia, Chief of Waterways Management, U.S. 
Coast Guard Sector Buffalo; telephone 716-843-9343, email 
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing 
the docket, call Ms. Cheryl Collins, 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

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable 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. 
Therefore, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this temporary rule effective less than 30 days 
after publication in the Federal Register.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 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; 
and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    Between 12:45 p.m. and 7:15 p.m. on July 25, 2015 and between 12:45 
p.m. and 7:15 p.m. on July 26, 2015, a jet ski show will be taking 
place on Oswego Harbor in Oswego, NY. Based on recent accidents that 
have occurred in other Captain of the Port zones, the Captain of the 
Port Buffalo has determined a jet ski show presents significant risks 
to public safety and property. The likely combination of large numbers 
of recreational vessels, congested waterways, and alcohol use by some 
spectators, present a significant risk of serious injuries or 
fatalities.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Buffalo has determined that this temporary safety zone is necessary to 
ensure the safety of spectators and vessels during the Oswego 
Harborfest Jet Ski Show. This zone will be effective and enforced 
intermittently from 12:45 p.m. until 7:15 p.m. on July 25, 2015 and 
from 12:45 p.m. until 7:15 p.m. on July 26, 2015. This zone will 
encompass all waters of Oswego Harbor; Oswego, NY starting at position 
43[deg]27'49.88'' N. and 076[deg]31'15.41'' W. then Northwest to 
43[deg]27'51.72'' N. and 076[deg]31'18.13 then Southwest to 
43[deg]27'44.26'' N. and 076[deg]31'39.18'' W. then South to 
43[deg]27'42.68'' N. and 076[deg]31'36.91'' W. then returning the point 
of origin.
    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 a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, the

[[Page 39695]]

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 Oswego Harbor on July 25 and 26, 
2015.
    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 subject to enforcement for a few hours a day over 
the course of two days and the safety zone will allow vessels to move 
freely around the safety zone in Oswego Harbor. Traffic may be allowed 
to pass through the zone with the permission of the Captain of the 
Port. The Captain of the Port can be reached via VHF channel 16. Before 
the enforcement of the zone, we would issue local Broadcast Notice to 
Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section 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. 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

    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. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and, 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. 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:

[[Page 39696]]

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T09-0507 to read as follows:


Sec.  165.T09-0507  Safety Zone; Oswego Harborfest Jet Ski Show; Oswego 
Harbor, Oswego, NY.

    (a) Location. This zone will encompass all waters of Oswego Harbor; 
Oswego, NY starting at position 43[deg]27'49.88'' N. and 
076[deg]31'15.41'' W. then Northwest to 43[deg]27'51.72'' N. and 
076[deg]31'18.13 then Southwest to 43[deg]27'44.26'' N. and 
076[deg]31'39.18'' W. then South to 43[deg]27'42.68'' N. and 
076[deg]31'36.91'' W. then returning the point of origin.
    (b) Enforcement period. This regulation will be enforced 
intermittently on July 25, 2015 from 12:45 p.m. until 7:15 p.m. and on 
July 26, 2015 from 12:45 p.m. until 7:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by theCaptain of the 
Port Buffalo, or his on-scene representative.

    Dated: June 15, 2015.
B. W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16807 Filed 7-9-15; 8:45 am]
 BILLING CODE 9110-04-P

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