Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish Creek, Sylvan Beach, NY, 34261-34263 [2017-15392]
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Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Rules and Regulations
■
detected, replace the affected DV with a DV
eligible for installation before the next flight.
(3) If, during any inspection required by
this AD, the wrapping is found defective
(loose, missing, or damaged), before the next
flight, remove the wrap and re-wrap the
affected DV using the Accomplishment
Instructions, paragraph 2.4, of Safran
Helicopter Engines Alert MSB No. A292 73
0853, Version A, dated April 7, 2017.
(4) If you replace the affected DV with
another affected DV eligible for installation,
you must still continue to perform the
repetitive inspections required by paragraph
(f)(2) of this AD.
2017–15–07 Safran Helicopter Engines,
S.A.: Amendment 39–18967; Docket No.
FAA–2017–0115; Directorate Identifier
2017–NE–04–AD.
(g) Installation Prohibition
From the effective date of this AD, do not
install any engine with an affected DV on any
helicopter unless the DV has been wrapped
and is leak-free in accordance with the
instructions in paragraph 2.4 of Safran
Helicopter Engines Alert MSB No. A292 73
0853, Version A, dated April 7, 2017.
the FAA amends part 39 of the Federal
Aviation Regulations (14 CFR part 39) as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing airworthiness directive (AD)
2017–04–51, Amendment 39–18824 (82
FR 13753, March 15, 2017), and adding
the following new AD:
(a) Effective Date
This AD is effective August 8, 2017.
(b) Affected ADs
This AD replaces AD 2017–04–51,
Amendment 39–18824 (82 FR 13753, March
15, 2017).
(c) Applicability
This AD applies to all Safran Helicopter
Engines, S.A., Arriel 1A1, 1A2, 1B, 1C, 1C1,
1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1
turboshaft engines equipped with a drain
valve assembly (DV) manufactured, repaired,
or overhauled after December 31, 2015; with
a diaphragm, part number 9 164 95 002 0,
installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7321, Fuel Control/Turbine Engines.
srobinson on DSKBC5CHB2PROD with RULES
(e) Unsafe Condition
This AD was prompted by reports of fuel
leaks originating from the DV on certain
Arriel engines. We are issuing this AD to
prevent an engine compartment fire, in-flight
shutdown, and damage to the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(1) Within 10 flight hours or 7 days,
whichever occurs first, after the effective date
of this AD, visually inspect the affected DV
for fuel leakage:
(i) If a fuel leak is detected, replace the
affected DV with a DV eligible for
installation, before the next flight.
(ii) If no fuel leak is detected, before the
next flight, wrap the affected DV with a selfamalgamate tape or heat shrinkable tubing
using the Accomplishment Instructions,
paragraph 2.4, in Safran Helicopter Engines
Alert Mandatory Service Bulletin (MSB) No.
A292 73 0853, Version A, dated April 7,
2017.
(2) After wrapping an affected DV, as
specified in paragraph (f)(1) of this AD,
inspect the DV for fuel leakage before each
first flight of the day. If a fuel leak is
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16:26 Jul 21, 2017
Jkt 241001
(h) Definition
For the purpose of this AD, a DV eligible
for installation is:
(1) A DV that is not affected by this AD;
or
(2) a DV that is affected by this AD, is leakfree, and is wrapped in accordance with the
Accomplishment Instructions, paragraph 2.4,
of Safran Helicopter Engines Alert MSB No.
A292 73 0853, Version A, dated April 7,
2017.
(i) Credit for Previous Actions
You may take credit for the initial
inspection and corrective actions (including
wrapping of a DV) accomplished before the
effective date of this AD using the
Accomplishment Instructions, paragraph 2,
of Safran Helicopter Engines Alert MSB No.
A292 73 0851, Version A, dated January 31,
2017.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Engine Certification
Office, may approve AMOCs for this AD. Use
the procedures found in 14 CFR 39.19 to
make your request. You may email your
request to: ANE-AD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(k) Related Information
(1) For further information about this AD,
contact: Robert Green, Aerospace Engineer,
Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue,
Burlington, MA 01803; phone: 781–238–
7754; fax: 781–238–7199; email:
robert.green@faa.gov.
(2) Refer to MCAI European Aviation
Safety Agency AD No. 2017–0064R1, dated
June 27, 2017, for more information.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
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34261
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Safran Helicopter Engines Alert
Mandatory Service Bulletin No. A292 73
0853, Version A, dated April 7, 2017.
(ii) Reserved.
(3) For Safran Helicopter Engines service
information identified in this AD, contact
Safran Helicopter Engines, S.A., 40220
Tarnos, France; phone: (33) 05 59 74 40 00;
fax: (33) 05 59 74 45 15.
(4) You may view this service information
at FAA, Engine & Propeller Directorate, 1200
District Avenue, Burlington, MA. For
information on the availability of this
material at the FAA, call 781–238–7125.
(5) You may view this service information
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Burlington, Massachusetts, on
July 13, 2017.
Robert J. Ganley,
Acting Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2017–15434 Filed 7–21–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0385]
RIN 1625–AA00
Safety Zone; Canal Fest Water Ski
Show; Erie Canal System, Fish Creek,
Sylvan Beach, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the Erie Canal System, Fish Creek,
Sylvan Beach, NY. This safety zone is
intended to restrict vessels from
portions of the Erie Canal System at
Fish Creek during the Canal Fest Water
Ski Show on August 13, 2017. This
temporary safety zone is necessary to
protect mariners and vessels from the
navigational hazards associated with
high speed craft and water skiers. Entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Buffalo.
SUMMARY:
This rule is effective from 12:15
p.m. to 2:45 p.m. August 13, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
DATES:
E:\FR\FM\24JYR1.SGM
24JYR1
34262
Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Rules and Regulations
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0385 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
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
srobinson on DSKBC5CHB2PROD with RULES
II. Background Information and
Regulatory History
On April 9, 2017, the Sylvan Verona
Beach Resort Association notified the
Coast Guard that from 12:30 p.m. to 2:30
p.m. on August 13, 2017, it will be
conducting a water ski show in the Erie
Canal System at Fish Creek in Sylvan
Beach, NY. In response, on June 9, 2017,
the Coast Guard published a notice of
proposed rulemaking (NPRM) titled
Safety Zone; Canal Fest Water Ski
Show; Erie Canal System, Fish Creek,
Sylvan Beach, NY. There we stated why
we issued the NPRM, and invited
comments on our proposed regulatory
action related to this water ski show.
During the comment period that ended
July 10, 2017, we received 0 comments.
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 water ski show.
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 a water ski show
presents significant risks to public
safety and property. Such hazards
include high speed craft and multiple
water skiers performing in a relatively
small area. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
water ski show is taking place.
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IV. Discussion of the Rule
This rule establishes a safety zone on
August 13, 2017 12:15 p.m. to 2:45 p.m.
The safety zone will encompass all
waters of the Erie Canal System, Fish
Creek, Sylvan Beach, NY contained
within the following points:
43°11′37.79″ N., 075°43′53.27″ W.,
running Northeast to position
43°11′43.15″ N., 075°43′44.88″ W., then
Southeast to 43°11′42.82″ N.,
075°43′43.42″ W. then Southwest to
43°11′36.90″ N., 075°43′52.06″ W. then
returning to the point of origin (NAD83).
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 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 ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017 titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
We conclude that this rule is not a
significant regulatory action because we
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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 short
duration of time. Also, the safety zone
is designed to minimize its impact on
navigable waters. Thus, restrictions on
vessel movement within the particular
areas 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.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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
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Federal Register / Vol. 82, No. 140 / Monday, July 24, 2017 / Rules and Regulations
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.
srobinson on DSKBC5CHB2PROD with RULES
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 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
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Jkt 241001
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
1. The authority citation for part 165
continues to read as follows:
34263
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 18, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2017–15392 Filed 7–21–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
■
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.T09–0385 to read as
follows:
■
§ 165.T09–0385 Safety Zone; Canal Fest
Water Ski Show, Erie Canal System, Fish
Creek, Sylvan Beach, NY.
(a) Location. The safety zone will
encompass all waters of the Erie Canal
System, Fish Creek starting at position
43°11′37.79″ N., 075°43′53.27″ W.,
running Northeast to position
43°11′43.15″ N., 075°43′44.88″ W., then
Southeast to 43°11′42.82″ N.,
075°43′43.42″ W. then Southwest to
43°11′36.90″ N., 075°43′52.06″ W. then
returning to the point of origin. (NAD
83).
(b) Enforcement period. This
regulation will be enforced on August
13, 2017 from 12:15 p.m. until 2:45 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
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50 CFR Part 92
[Docket No. FWS–R7–MB–2015–0172;
FF07M01000–178–FXMB12310700000]
RIN 1018–BB24
Migratory Bird Subsistence Harvest in
Alaska; Use of Inedible Bird Parts in
Authentic Alaska Native Handicrafts
for Sale
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
The U.S. Fish and Wildlife
Service (Service or we) is amending the
permanent migratory bird subsistenceharvest regulations in Alaska. This rule
enables Alaska Natives to sell authentic
native articles of handicraft or clothing
that contain inedible byproducts from
migratory birds that were taken for food
during the Alaska migratory bird
subsistence-harvest season. This rule
was developed under a co-management
process involving the Service, the
Alaska Department of Fish and Game,
and Alaska Native representatives.
DATES: This rule is effective August 23,
2017.
FOR FURTHER INFORMATION CONTACT:
Donna Dewhurst, U.S. Fish and Wildlife
Service, 1011 E. Tudor Road, Mail Stop
SUMMARY:
E:\FR\FM\24JYR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Rules and Regulations]
[Pages 34261-34263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15392]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0385]
RIN 1625-AA00
Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish
Creek, Sylvan Beach, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Erie Canal System, Fish Creek, Sylvan Beach, NY. This safety zone is
intended to restrict vessels from portions of the Erie Canal System at
Fish Creek during the Canal Fest Water Ski Show on August 13, 2017.
This temporary safety zone is necessary to protect mariners and vessels
from the navigational hazards associated with high speed craft and
water skiers. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Buffalo.
DATES: This rule is effective from 12:15 p.m. to 2:45 p.m. August 13,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
[[Page 34262]]
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0385 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
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 9, 2017, the Sylvan Verona Beach Resort Association
notified the Coast Guard that from 12:30 p.m. to 2:30 p.m. on August
13, 2017, it will be conducting a water ski show in the Erie Canal
System at Fish Creek in Sylvan Beach, NY. In response, on June 9, 2017,
the Coast Guard published a notice of proposed rulemaking (NPRM) titled
Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish Creek,
Sylvan Beach, NY. There we stated why we issued the NPRM, and invited
comments on our proposed regulatory action related to this water ski
show. During the comment period that ended July 10, 2017, we received 0
comments.
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 water ski show.
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 a
water ski show presents significant risks to public safety and
property. Such hazards include high speed craft and multiple water
skiers performing in a relatively small area. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the water ski show is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone on August 13, 2017 12:15 p.m.
to 2:45 p.m. The safety zone will encompass all waters of the Erie
Canal System, Fish Creek, Sylvan Beach, NY contained within the
following points: 43[deg]11'37.79'' N., 075[deg]43'53.27'' W., running
Northeast to position 43[deg]11'43.15'' N., 075[deg]43'44.88'' W., then
Southeast to 43[deg]11'42.82'' N., 075[deg]43'43.42'' W. then Southwest
to 43[deg]11'36.90'' N., 075[deg]43'52.06'' W. then returning to the
point of origin (NAD83).
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 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 ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 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 short duration of time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Thus, restrictions on vessel movement within the particular areas 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.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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
[[Page 34263]]
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 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.T09-0385 to read as follows:
Sec. 165.T09-0385 Safety Zone; Canal Fest Water Ski Show, Erie Canal
System, Fish Creek, Sylvan Beach, NY.
(a) Location. The safety zone will encompass all waters of the Erie
Canal System, Fish Creek starting at position 43[deg]11'37.79'' N.,
075[deg]43'53.27'' W., running Northeast to position 43[deg]11'43.15''
N., 075[deg]43'44.88'' W., then Southeast to 43[deg]11'42.82'' N.,
075[deg]43'43.42'' W. then Southwest to 43[deg]11'36.90'' N.,
075[deg]43'52.06'' W. then returning to the point of origin. (NAD 83).
(b) Enforcement period. This regulation will be enforced on August
13, 2017 from 12:15 p.m. until 2:45 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 18, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-15392 Filed 7-21-17; 8:45 am]
BILLING CODE 9110-04-P
