Safety Zone; Waddington Homecoming Fireworks, St. Lawrence River, Ogden Island, NY, 47855-47857 [2015-19506]
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
environmental risk to health or risk to
safety that might disproportionately
affect children.
2. Add § 147.T17–0248 to read as
follows:
■
11. Indian Tribal Governments
This 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
The Coast Guard analyzed this rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
§ 147.T17–0248 Safety Zone; DRILLSHIP
NOBLE DISCOVERER, Outer Continental
Shelf Drillship, Chukchi Sea, Alaska.
(a) Description. The DRILLSHIP
NOBLE DISCOVERER will be engaged
in exploratory drilling operations at
various locations in the Chukchi Sea
from July 1, 2015 through October 31,
2015. The area that extends 500 meters
from the outer edge of the DRILLSHIP
NOBLE DISCOVERER is a safety zone.
Lawful demonstrations may be
conducted outside of the safety zone.
(b) Regulation. No vessel may enter or
remain in this safety zone except the
following:
(1) An attending vessel; or
(2) A vessel authorized by the
Commander, Seventeenth Coast Guard
District, or a designated representative.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Dated: June 17, 2015.
Daniel B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventeenth Coast Guard District.
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 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. A preliminary
environmental analysis checklist
supporting this determination is
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.
This rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant’s
Instruction.
BILLING CODE 9110–04–P
Lhorne on DSK7TPTVN1PROD with RULES
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety,
Navigation (water).
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
PART 147—SAFETY ZONES
1. The authority citation for part 147
continues to read as follows:
■
Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
Department of Homeland Security Delegation
No. 0170.1.
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[FR Doc. 2015–19367 Filed 8–7–15; 8:45 am]
47855
‘‘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.
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.
FOR FURTHER INFORMATION CONTACT:
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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0715]
RIN 1625–AA00
Safety Zone; Waddington Homecoming
Fireworks, St. Lawrence River, Ogden
Island, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the St. Lawrence River, Ogden Island,
NY. This safety zone is intended to
restrict vessels from a portion of the St.
Lawrence River during the Waddington
Homecoming fireworks display. This
temporary safety zone is necessary to
protect mariners and vessels from the
navigational hazards associated with a
fireworks display.
DATES: This rule will be effective and
enforced from 8:45 p.m. until 10:15 p.m.
on August 8, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0715]. 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
SUMMARY:
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The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable. The final
details for this event were not known to
the Coast Guard until there was
insufficient time remaining before the
event to publish an NPRM. Thus,
delaying the effective date of this rule to
wait for a comment period to run would
be impracticable 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. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable.
E:\FR\FM\10AUR1.SGM
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47856
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 33 U.S.C. 1231; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
Between 8:45 p.m. and 10:15 p.m. on
August 8, 2015, a fireworks display will
be held on the shoreline of the St.
Lawrence River on Ogden Island, NY. It
is anticipated that numerous vessels
will be in the immediate vicinity of the
launch point. The Captain of the Port
Buffalo has determined that such a
launch proximate to a gathering of
watercraft pose a significant risk to
public safety and property. Such
hazards include premature and
accidental detonations, dangerous
projectiles, and falling or burning
debris.
C. Discussion of the Final Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of spectators and vessels during
the Waddington Homecoming fireworks
display. This zone will be enforced from
8:45 p.m. until 10:15 p.m. on August 8,
2015. This zone will encompass all
waters of the St. Lawrence River; Ogden
Island, NY within a 700-foot radius of
position 44°52′8.44″ N and
075°12′35.84″ W (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
Lhorne on DSK7TPTVN1PROD with RULES
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
VerDate Sep<11>2014
14:22 Aug 07, 2015
Jkt 235001
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
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 the St. Lawrence River on
the evening of August 8, 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 effective, and thus subject to
enforcement, for only 90 minutes late in
the day. Traffic may be allowed to pass
through the zone with the permission of
the Captain of the Port. The Captain of
the Port can be reached via VHF
channel 16. Before the 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 (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.
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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
E:\FR\FM\10AUR1.SGM
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
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.
Lhorne on DSK7TPTVN1PROD with RULES
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
VerDate Sep<11>2014
14:22 Aug 07, 2015
Jkt 235001
47857
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
Dated: July 28, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
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:
[FR Doc. 2015–19506 Filed 8–7–15; 8:45 am]
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; 50 U.S.C. 191,
195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
2. Add § 165.T09–0715 to read as
follows:
■
§ 165.T09–0715 Safety Zone; Waddington
Homecoming Fireworks Display; St.
Lawrence River, Ogden Island, NY.
(a) Location. This zone will
encompass all waters of the St.
Lawrence River; Ogden Island, NY
within a 700-footradius of position
44°52′8.44″ N and 075°12′35.84″ W
(NAD 83).
(b) Enforcement Period. This
regulation will be enforced on August 8,
2015 from 8:45 p.m. until 10:15 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
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BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0351; FRL–9932–05–
Region 8]
Approval and Promulgation of State
Implementation Plans; State of
Wyoming; Interstate Transport of
Pollution for the 2006 24-Hour PM2.5
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
an August 19, 2011 State
Implementation Plan (SIP) submission
from the State of Wyoming that are
intended to demonstrate that its SIP
meets certain interstate transport
requirements of the Clean Air Act (Act
or CAA) for the 2006 24-hour fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). This submission addresses
the requirement that Wyoming’s SIP
contain adequate provisions prohibiting
air emissions that will have certain
adverse air quality effects in other
states. Specifically, EPA is approving
the portion of the Wyoming SIP
submission that addresses the
significant contribution to
nonattainment and interference with
maintenance transport requirements for
the 2006 24-hour PM2.5 NAAQS. EPA is
also approving the interference with
prevention of significant deterioration
(PSD) of air quality transport
requirement for this NAAQS. EPA is not
acting on the interference with visibility
transport requirement at this time and
will address the visibility requirement
for this NAAQS in a separate future
action.
SUMMARY:
This final rule is effective on
September 9, 2015.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2012–0351. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
DATES:
E:\FR\FM\10AUR1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47855-47857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19506]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0715]
RIN 1625-AA00
Safety Zone; Waddington Homecoming Fireworks, St. Lawrence River,
Ogden Island, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
St. Lawrence River, Ogden Island, NY. This safety zone is intended to
restrict vessels from a portion of the St. Lawrence River during the
Waddington Homecoming fireworks display. This temporary safety zone is
necessary to protect mariners and vessels from the navigational hazards
associated with a fireworks display.
DATES: This rule will be effective and enforced from 8:45 p.m. until
10:15 p.m. on August 8, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0715]. 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. 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 impracticable 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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable.
[[Page 47856]]
B. Basis and Purpose
The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and
160.5; and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
Between 8:45 p.m. and 10:15 p.m. on August 8, 2015, a fireworks
display will be held on the shoreline of the St. Lawrence River on
Ogden Island, NY. It is anticipated that numerous vessels will be in
the immediate vicinity of the launch point. The Captain of the Port
Buffalo has determined that such a launch proximate to a gathering of
watercraft pose a significant risk to public safety and property. Such
hazards include premature and accidental detonations, dangerous
projectiles, and falling or burning debris.
C. Discussion of the Final Rule
With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during the Waddington
Homecoming fireworks display. This zone will be enforced from 8:45 p.m.
until 10:15 p.m. on August 8, 2015. This zone will encompass all waters
of the St. Lawrence River; Ogden Island, NY within a 700-foot radius of
position 44[deg]52'8.44'' N and 075[deg]12'35.84'' W (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 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 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 the St. Lawrence River on the
evening of August 8, 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 effective, and thus subject to enforcement, for
only 90 minutes late in the day. Traffic may be allowed to pass through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the 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 (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. 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
[[Page 47857]]
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:
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, 195; 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.T09-0715 to read as follows:
Sec. 165.T09-0715 Safety Zone; Waddington Homecoming Fireworks
Display; St. Lawrence River, Ogden Island, NY.
(a) Location. This zone will encompass all waters of the St.
Lawrence River; Ogden Island, NY within a 700-footradius of position
44[deg]52'8.44'' N and 075[deg]12'35.84'' W (NAD 83).
(b) Enforcement Period. This regulation will be enforced on August
8, 2015 from 8:45 p.m. until 10:15 p.m.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.
Dated: July 28, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-19506 Filed 8-7-15; 8:45 am]
BILLING CODE 9110-04-P
