Safety Zone; Garlock Wedding; Saint Lawrence River, Alexandria Bay, NY, 30736-30738 [2017-13856]
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30736
Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: June 15, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–13854 Filed 6–30–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0356]
Drawbridge Operation Regulation;
Sloop Channel, Hempstead, NY
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Wantagh State
Parkway Bridge across Sloop Channel,
mile 15.4, at Hempstead, New York.
This deviation is necessary in order to
facilitate an annual fireworks display
and allows the bridge to remain in the
closed position.
DATES: This deviation is effective from
9 p.m. to 11:59 p.m. on July 4, 2017.
ADDRESSES: The docket for this
deviation, USCG–2017–0356, is
available at 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 deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email James M. Moore,
Bridge Management Specialist, First
District Bridge Branch, U.S. Coast
Guard; telephone 212–514–4334, email
james.m.moore2@uscg.mil.
SUPPLEMENTARY INFORMATION: The New
York State Office of Parks, Recreation,
and Historic Preservation with
concurrence of the bridge owner, the
New York State Department of
Transportation, requested a temporary
deviation from the normal operating
schedule to facilitate a public fireworks
event.
The Wantagh Parkway Bridge, mile
15.4, across Sloop Channel, has a
vertical clearance of 20 feet at mean
high water and 21.8 feet at mean low
water in the closed position. The
existing drawbridge operating regulation
is listed at 33 CFR 117.5.
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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The temporary deviation will allow
the Wantagh Parkway Bridge to remain
closed from 9 p.m. through 11:59 p.m.
on July 4, 2017. The waterway is used
primarily by seasonal recreational
vessels and occasional tug/barge traffic.
Coordination with waterway users has
indicated no objections to the proposed
short-term closure of the draw.
Vessels that can pass under the bridge
without an opening may do so at all
times. The bridge will be able to open
for emergencies. There is no alternate
route for vessels to pass.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: June 27, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–13915 Filed 6–30–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
The regulations in 33 CFR
165.943(a)(4) and (b) will be enforced
from 9:30 p.m. through 11:00 p.m. on
July 1, 2017, for the Cornucopia 4th of
July Fireworks Display safety zone,
located in § 165.943(a)(4).
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email LT John Mack, Chief of
Waterways Management, Coast Guard;
telephone (218) 725–3818, email
john.v.mack@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone for
the annual Cornucopia 4th of July
Fireworks Display in 33 CFR
165.943(a)(4) and (b) from 9:30 p.m.
through 11:00 p.m. on July 1, 2017 on
all waters of Siskiwit Bay bounded by
the arc of a circle with a 420-foot radius
from the fireworks launch site with it
center in position 46°51′35″ N.,
091°06′15″ W.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Duluth or her designated on-scene
representative. The Captain of the Port’s
designated on-scene representative may
be contacted via VHF Channel 16 or via
telephone at (715) 779–5100. This
document is issued under authority of
33 CFR 165.943 and 5 U.S.C. 552(a). In
addition to this publication in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of the enforcement
of this safety zone via Broadcast Notice
to Mariners. The Captain of the Port
Duluth or her on-scene representative
may be contacted via VHF Channel 16
or via telephone at (715) 779–5100.
DATES:
Dated: June 22, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of
the Port.
[Docket No. USCG–2017–0561]
Safety Zones; Cornucopia 4th of July
Fireworks Display, Siskiwit Bay,
Cornucopia, WI
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Cornucopia 4th
of July Fireworks Display in
Cornucopia, WI from 9:30 p.m. through
11:00 p.m. on July 1, 2017. This action
is necessary to protect participants and
spectators during the Cornucopia 4th of
July Fireworks Display. During the
enforcement period, entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Duluth or her designated on-scene
representative.
[FR Doc. 2017–13563 Filed 6–30–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
SUMMARY:
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33 CFR Part 165
[Docket Number USCG–2017–0558]
RIN 1625–AA00
Safety Zone; Garlock Wedding; Saint
Lawrence River, Alexandria Bay, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Saint Lawrence River, Alexandria
SUMMARY:
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
Bay, NY. This safety zone is intended to
restrict vessels from a portion of the
Saint Lawrence River within a 350-foot
radius of position 44°20′ 32.8″ N.,
075°55′ 02.71″ W. (NAD 83) during the
Garlock Wedding fireworks display on
July 7, 2017. This temporary safety zone
is necessary to protect mariners and
vessels from the navigational hazards
associated with a fireworks display.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Buffalo (COTP).
DATES: This rule is effective from 10:45
p.m. until 11:30 p.m. on July 7, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0588 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email LT Michael
Collet, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo;
telephone 716–843–9322, email D09SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
sradovich on DSK3GMQ082PROD with RULES
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
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 finds good
cause that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(3)(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 provided 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
VerDate Sep<11>2014
17:08 Jun 30, 2017
Jkt 241001
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.
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 because doing so
would be impracticable and contrary to
the public interest. Delaying the
effective date would be contrary to the
rule’s objectives of ensuring safety of
life on the navigable waters and
protection of persons and vessels near
the event.
III. Legal Authority and Need for Rule
The Coast Guard issues this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Buffalo (COTP) has
determined that a maritime fireworks
show presents significant risks to public
safety and property. Such hazards
include premature and accidental
detonations, dangerous projectiles, and
falling or burning debris. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the fireworks show is taking
place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10:45 p.m. to 11:30 p.m. on July 7,
2017. The safety zone will encompass
all waters of the Saint Lawrence River;
Alexandria Bay, NY contained within a
350-foot radius of position 44°20′32.8″
N., 075°55′02.71″ W. (NAD 83). The
duration of the zone is intended to
ensure the safety of spectators and
vessels during the Garlock Wedding
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 13563 emphasizes the
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30737
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. Executive Order 13771
(‘‘Reducing Regulation and Controlling
Regulatory Costs’’), directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly, it
has not been reviewed by the Office of
Management and Budget.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Guidance Implementing
Executive Order 13771 Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’’’ (April 5, 2017).
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.
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
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Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Rules and Regulations
enforcement for only one hour late in
the evening. 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.
sradovich on DSK3GMQ082PROD with RULES
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 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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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,
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17:08 Jun 30, 2017
Jkt 241001
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 it is one of a category
of actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
establishes a temporary safety zone. It is
categorically excluded under section
2.B.2, figure 2–1, paragraph 34(g) of the
Instruction, which pertains to
establishment of safety zones. A Record
of Environmental Consideration (REC)
supporting this determination is
available in the docket where indicated
in the ADDRESSES section of this
preamble.
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 recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
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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;
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.T09–0558 to read as
follows:
■
§ 165.T09–0588 Safety Zone; Garlock
Wedding; Saint Lawrence River, Alexandria
Bay, NY.
(a) Location. This zone will
encompass all waters of the Saint
Lawrence River; Alexandria Bay, NY
contained within a 350-foot radius of
position 44°20′32.8″N., 075°55′02.71″
W. (NAD 83).
(b) Enforcement period. This
regulation will be enforced from 10:45
p.m. until 11:30 p.m. on July 7, 2017.
(c) Regulations. (1) In accordance with
the general regulations in § 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 the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: June 26, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2017–13856 Filed 6–30–17; 8:45 am]
BILLING CODE 9110–04–P
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03JYR1
Agencies
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Rules and Regulations]
[Pages 30736-30738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13856]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0558]
RIN 1625-AA00
Safety Zone; Garlock Wedding; Saint Lawrence River, Alexandria
Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Saint Lawrence River, Alexandria
[[Page 30737]]
Bay, NY. This safety zone is intended to restrict vessels from a
portion of the Saint Lawrence River within a 350-foot radius of
position 44[deg]20' 32.8'' N., 075[deg]55' 02.71'' W. (NAD 83) during
the Garlock Wedding fireworks display on July 7, 2017. This temporary
safety zone is necessary to protect mariners and vessels from the
navigational hazards associated with a fireworks display. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Buffalo (COTP).
DATES: This rule is effective from 10:45 p.m. until 11:30 p.m. on July
7, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0588 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email LT Michael Collet, Chief of Waterways
Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322,
email D09-SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
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 finds good cause that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(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 provided 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.
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 because doing so would be
impracticable and contrary to the public interest. Delaying the
effective date would be contrary to the rule's objectives of ensuring
safety of life on the navigable waters and protection of persons and
vessels near the event.
III. Legal Authority and Need for Rule
The Coast Guard issues this rule under authority in 33 U.S.C. 1231.
The Captain of the Port Buffalo (COTP) has determined that a maritime
fireworks show presents significant risks to public safety and
property. Such hazards include premature and accidental detonations,
dangerous projectiles, and falling or burning debris. This rule is
needed to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the fireworks show is
taking place.
IV. Discussion of the Rule
This rule establishes a safety zone from 10:45 p.m. to 11:30 p.m.
on July 7, 2017. The safety zone will encompass all waters of the Saint
Lawrence River; Alexandria Bay, NY contained within a 350-foot radius
of position 44[deg]20'32.8'' N., 075[deg]55'02.71'' W. (NAD 83). The
duration of the zone is intended to ensure the safety of spectators and
vessels during the Garlock Wedding fireworks display. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
This rule has not been designated a ``significant regulatory
action,'' under Executive Order 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Guidance Implementing Executive Order 13771 Titled
`Reducing Regulation and Controlling Regulatory Costs''' (April 5,
2017).
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.
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
[[Page 30738]]
enforcement for only one hour late in the evening. 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 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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. 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 it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule establishes a temporary safety zone. It is categorically excluded
under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction,
which pertains to establishment of safety zones. A Record of
Environmental Consideration (REC) supporting this determination is
available in the docket where indicated in the ADDRESSES section of
this preamble.
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
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; 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.T09-0558 to read as follows:
Sec. 165.T09-0588 Safety Zone; Garlock Wedding; Saint Lawrence
River, Alexandria Bay, NY.
(a) Location. This zone will encompass all waters of the Saint
Lawrence River; Alexandria Bay, NY contained within a 350-foot radius
of position 44[deg]20'32.8''N., 075[deg]55'02.71'' W. (NAD 83).
(b) Enforcement period. This regulation will be enforced from 10:45
p.m. until 11:30 p.m. on July 7, 2017.
(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 the Captain of
the Port Buffalo, or his on-scene representative.
Dated: June 26, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-13856 Filed 6-30-17; 8:45 am]
BILLING CODE 9110-04-P