Safety Zone; National Grid-Beck Lockport 104 & Beck Harper 106 Removal Project; Niagara River, Lewiston, NY, 29774-29776 [2016-11363]
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29774
Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. 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 (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 a safety
zone lasting 8 hours a day for 5 days
that will prohibit entry within 700 yards
on the surface and 1400 underwater of
vessels and machinery being used by
Navy personnel. 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.
ehiers on DSK5VPTVN1PROD with RULES
G. 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.
VerDate Sep<11>2014
14:42 May 12, 2016
Jkt 238001
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record-keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—SAFETY ZONE; NAVY
UNDET, APRA OUTER HARBOR AND
PITI, GU.
1. The authority citation for part 165
continues to read as follows:
impractical for the purpose of maritime
security.
(f) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: April 28, 2016.
James C. Campbell,
Commander, U.S. Coast Guard, Acting
Captain of the Port, Guam.
[FR Doc. 2016–11361 Filed 5–12–16; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and
160.5; Department of Homeland Security
Delegation No. 0170.1.
2. Add § 165.T14–0274 to read as
follows:
■
165. T14–0274 Safety Zone; Navy UNDET,
Apra Outer Harbor and Piti, GU.
(a) Location. The following areas,
within the Guam Captain of the Port
(COTP) Zone (See 33 CFR 3.70–15),
from the surface of the water to the
ocean floor, are safety zones:
(1) Piti Guam May 10th through 12th.
All surface waters bounded by a circle
with a 700-yard radius and all
underwater areas bounded by a circle
with a 1400 yard radius centered at 13
degrees 29 minutes 03 seconds North
Latitude and 144 degrees 40 minutes 03
seconds East Longitude, (NAD 1983).
(2) Apra Outer Harbor, Guam May
12th through 13th and 16th. All surface
waters bounded by a circle with a 700yard radius and all underwater areas
bounded by a circle with a 1400 yard
radius centered at 13 degrees 27
minutes 42 seconds North Latitude and
144 degrees 38 minutes 30 seconds East
Longitude, (NAD 1983).
(b) Enforcement period. This section
will be enforced from 8 a.m. through 4
p.m. on May 10th through 13th and
16th, 2016.
(c) Regulations. The general
regulations governing safety zones
contained in § 165.23 apply. No vessels
may enter or transit safety zones (a)(1)
and no persons in the water may enter
or transit safety zone (a)(2) unless
authorized by the COTP or a designated
representative thereof.
(d) Enforcement. Any Coast Guard
commissioned, warrant, or petty officer,
and any other COTP representative
permitted by law, may enforce these
temporary safety zones.
(e) Waiver. The COTP may waive any
of the requirements of this section for
any person, vessel, or class of vessel
upon finding that application of the
safety zone is unnecessary or
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0265]
RIN 1625–AA00
Safety Zone; National Grid—Beck
Lockport 104 & Beck Harper 106
Removal Project; Niagara River,
Lewiston, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Niagara River, Buffalo, NY. This
safety zone is intended to restrict
vessels from a portion of the Niagara
River during the removal of
international power lines spanning the
Niagara River. This temporary safety
zone is necessary to protect mariners
and vessels from the navigational
hazards associated with the removal of
overhead power lines.
DATES: This rule is effective from 7:45
a.m. on May 16, 2016, through 6:15 p.m.
on May 18, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0265 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule. 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, Sector Buffalo,
U.S. Coast Guard; telephone 716–843–
9343, email
SectorBuffaloMarineSafety@uscg.mil.
SUMMARY:
E:\FR\FM\13MYR1.SGM
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Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
NPRM Notice of proposed rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 of 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 mariners and vessels from the
hazards associated with the removal of
international power lines. 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.
ehiers on DSK5VPTVN1PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Buffalo (COTP) has
determined that potential hazards
associated with the removal of
international power lines spanning the
Niagara River starting May 16, 2016 will
be a safety concern for anyone within
the zone of the overhead power lines.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone while overhead power lines are
removed.
IV. Discussion of the Rule
This rule establishes a safety zone
from 7:45 a.m. on May 16, 2016, through
6:15 p.m. on May 18, 2016, to be
enforced only when power line removal
operations are taking place. The safety
zone will encompass all waters of the
VerDate Sep<11>2014
14:42 May 12, 2016
Jkt 238001
Niagara River; Lewiston, NY starting at
position 43° 8′44.8692″ N., and 079°
2′32.8842″ W. then extending
approximately 3,300 feet north along the
international maritime border ending at
position 43° 9′9.9648″ N., and 079°
2′39.681″ W. inward to the shoreline
(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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies
to assess the costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
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 only during the
lowering and crossing of international
power lines. 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.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
PO 00000
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29775
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
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 only during operations
involving the lowering and passing of
international power lines across the
Niagara River. 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.
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.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
E:\FR\FM\13MYR1.SGM
13MYR1
29776
Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations
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 have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
discovery of a significant environmental
impact from this rule.
E. Unfunded Mandates Reform Act
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.
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.
ehiers on DSK5VPTVN1PROD with RULES
F. 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 (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
VerDate Sep<11>2014
14:42 May 12, 2016
Jkt 238001
G. 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.
(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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Dated: April 22, 2016.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF THE INTERIOR
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2016–11363 Filed 5–12–16; 8:45 am]
BILLING CODE 9110–04–P
Office of the Secretary
■
2. § 165.T09–0265 Safety Zone;
National Grid—Beck Lockport 104 &
Beck Harper 106 Removal Project;
Niagara River, Lewiston, NY.
(a) Location. This zone will
encompass all waters of the Niagara
River; Lewiston, NY starting at position
43° 8′44.8692″ N., and 079° 2′32.8842″
W. then extending approximately 3,300
feet north along the international
maritime border ending at position 43°
9′9.9648″ N., and 079° 2′39.681″ W.,
then south to the shoreline (NAD 83).
(b) Enforcement period. This
regulation will be enforced
intermittently while power line removal
operations are taking place from 7:45
a.m. on May 16, 2016 through 6:15 p.m.
on May 18, 2016.
(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.
43 CFR Parts 47 and 48
[167D0102DM; DLSN00000.000000;
DS61400000; DX61401]
RIN 1090–AA98
■
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Land Exchange Procedures and
Procedures to Amend the Hawaiian
Homes Commission Act, 1920
Office of the Secretary, Interior.
Final rule.
AGENCY:
ACTION:
This rule provides clarity in
how the Department of the Interior
administers certain provisions of the
Hawaiian Homes Commission Act and
the Hawaiian Home Lands Recovery
Act. It facilitates the goal of the
rehabilitation of the Native Hawaiian
community, including the return of
native Hawaiians to the land, consistent
with the Hawaiian Homes Commission
Act, the State of Hawai1i Admission Act,
and the Hawaiian Home Lands Recovery
Act. The rule clarifies the land exchange
process for Hawaiian home lands, the
documents required for land exchanges,
and the respective responsibilities of the
Department of the Interior, the
Department of Hawaiian Home Lands,
the Hawaiian Homes Commission, and
other entities engaged in land exchanges
of Hawaiian home lands. It also
identifies the documentation
requirements and the responsibilities of
the Secretary of the Interior in the
approval process for State of Hawai1i
proposed amendments to the Hawaiian
Homes Commission Act, 1920.
DATES: This rule is effective July 12,
2016.
SUMMARY:
E:\FR\FM\13MYR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Rules and Regulations]
[Pages 29774-29776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11363]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0265]
RIN 1625-AA00
Safety Zone; National Grid--Beck Lockport 104 & Beck Harper 106
Removal Project; Niagara River, Lewiston, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Niagara River, Buffalo, NY. This safety zone is intended to restrict
vessels from a portion of the Niagara River during the removal of
international power lines spanning the Niagara River. This temporary
safety zone is necessary to protect mariners and vessels from the
navigational hazards associated with the removal of overhead power
lines.
DATES: This rule is effective from 7:45 a.m. on May 16, 2016, through
6:15 p.m. on May 18, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0265 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule. 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, Sector
Buffalo, U.S. Coast Guard; telephone 716-843-9343, email
SectorBuffaloMarineSafety@uscg.mil.
[[Page 29775]]
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 of 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 mariners and vessels from the
hazards associated with the removal of international power lines.
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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo (COTP) has determined that
potential hazards associated with the removal of international power
lines spanning the Niagara River starting May 16, 2016 will be a safety
concern for anyone within the zone of the overhead power lines. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone while
overhead power lines are removed.
IV. Discussion of the Rule
This rule establishes a safety zone from 7:45 a.m. on May 16, 2016,
through 6:15 p.m. on May 18, 2016, to be enforced only when power line
removal operations are taking place. The safety zone will encompass all
waters of the Niagara River; Lewiston, NY starting at position 43[deg]
8'44.8692'' N., and 079[deg] 2'32.8842'' W. then extending
approximately 3,300 feet north along the international maritime border
ending at position 43[deg] 9'9.9648'' N., and 079[deg] 2'39.681'' W.
inward to the shoreline (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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 and 13563 direct agencies to assess the costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
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 only during
the lowering and crossing of international power lines. 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.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
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 only
during operations involving the lowering and passing of international
power lines across the Niagara River. 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.
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.
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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under E.O. 13132,
Federalism, if it has
[[Page 29776]]
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 have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section above.
E. 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.
F. 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 (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.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard 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; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Sec. 165.T09-0265 Safety Zone; National Grid--Beck Lockport 104 &
Beck Harper 106 Removal Project; Niagara River, Lewiston, NY.
(a) Location. This zone will encompass all waters of the Niagara
River; Lewiston, NY starting at position 43[deg] 8'44.8692'' N., and
079[deg] 2'32.8842'' W. then extending approximately 3,300 feet north
along the international maritime border ending at position 43[deg]
9'9.9648'' N., and 079[deg] 2'39.681'' W., then south to the shoreline
(NAD 83).
(b) Enforcement period. This regulation will be enforced
intermittently while power line removal operations are taking place
from 7:45 a.m. on May 16, 2016 through 6:15 p.m. on May 18, 2016.
(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: April 22, 2016.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2016-11363 Filed 5-12-16; 8:45 am]
BILLING CODE 9110-04-P
