Safety Zone; City of Oswego Fireworks Display; Oswego River, Oswego, NY, 52210-52212 [2017-24498]
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Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Rules and Regulations
declaration of a national emergency in
E.O. 13396 with respect to the situation
ˆ
in or in relation to Cote d’Ivoire had
been significantly altered by the
progress achieved in the stabilization of
ˆ
Cote d’Ivoire, including the successful
conduct of the October 2015
presidential election, progress on the
management of arms and related
materiel, and the combatting of illicit
trafficking in natural resources.
Accordingly, and in view of the removal
of multilateral sanctions by the United
Nations Security Council in Resolution
2283, the President terminated the
national emergency and revoked E.O.
13396.
Therefore, OFAC is removing the
Regulations from the Code of Federal
Regulations. Pursuant to section 202 of
the National Emergencies Act (50 U.S.C.
1622) and section 1 of E.O. 13739,
termination of the national emergency
declared in E.O. 13396 shall not affect
any action taken or proceeding pending
and not fully concluded or determined
as of 8:00 a.m. eastern daylight time on
September 14, 2016 (the effective date of
E.O. 13739), any action or proceeding
based on any act committed prior to the
effective date, or any rights or duties
that matured or penalties that were
incurred prior to the effective date.
Public Participation
Because the Regulations involve a
foreign affairs function, the provisions
of Executive Order 12866 and the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, opportunity for public
participation, and delay in effective
date, as well as the provisions of
Executive Order 13771, are
inapplicable. Because no notice of
proposed rulemaking is required for this
rule, the Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply.
asabaliauskas on DSKBBXCHB2PROD with RULES
Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because this rule does not
impose information collection
requirements that would require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501 et seq.
List of Subjects in 31 CFR Part 543
Administrative practice and
procedure, Banks, Banking, Blocking of
ˆ
assets, Cote d’Ivoire, Credit, Foreign
trade, Penalties, Reporting and
recordkeeping requirements, Securities,
Services.
For reasons set forth in the preamble,
and under the authority of 3 U.S.C. 301;
50 U.S.C. 1601–1651; E.O. 13396, 71 FR
7389, 3 CFR, 2006 Comp., p. 209; E.O.
13739, 81 FR 63673 (September 16,
VerDate Sep<11>2014
17:36 Nov 09, 2017
Jkt 244001
2016), OFAC amends 31 CFR chapter V
as follows:
PART 543—[REMOVED]
■
1. Remove part 543.
Dated: November 7, 2017.
John E. Smith,
Director, Office of Foreign Assets Control.
[FR Doc. 2017–24521 Filed 11–9–17; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0758]
Drawbridge Operation Regulation;
Delaware River, Tacony, PA, and
Palmyra, NJ
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 SR 73
(Tacony-Palmyra) Bridge across the
Delaware River, mile 107.2, in between
Tacony, PA, and Palmyra, NJ. The
deviation is necessary to facilitate
routine maintenance. This deviation
allows the bridge to remain in the
closed-to-navigation position.
DATES: This deviation is effective from
7 a.m. on December 15, 2017, through
5 p.m. on February 4, 2018.
ADDRESSES: The docket for this
deviation, [USCG–2017–0758] 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 Mr. Mickey
Sanders, Bridge Administration Branch
Fifth District, Coast Guard; telephone
(757) 398–6587, email
Mickey.D.Sanders2@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Burlington County Bridge Commission,
owner and operator of the SR 73
(Tacony-Palmyra) Bridge across the
Delaware River, mile 107.2, in between
Tacony, PA, and Palmyra, NJ, has
requested a temporary deviation from
the current operating schedule to
accommodate annual maintenance to
replace machinery components for the
drive system that operates the bascule
spans. The bridge has a vertical
SUMMARY:
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clearance of 50 feet above mean high
water (MHW) in the closed position.
The current operating schedule is set
out in 33 CFR 117.716. Under this
temporary deviation, the bridge will be
maintained in the closed-to-navigation
position for six (6) separate four (4) day
periods from 7 a.m. until 5 p.m. starting
from December 15, 2017, through
December 18, 2017; January 4, 2018,
through January 7, 2018; January 11,
2018, through January 14, 2018; January
18, 2018, through January 21, 2018;
January 25, 2018, through January 28,
2018; and February 1, 2018, through
February 4, 2018. The bridge will open
on signal at all other times.
The Delaware River is used by a
variety of vessels including small
commercial vessels, recreational vessels
and tug and barge traffic. The Coast
Guard has carefully coordinated the
restrictions with waterway users in
publishing this temporary deviation.
Vessels able to pass through the
bridge in the closed position may do so
if at least 15 minutes notice is given.
The bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels unable to pass
through the bridge in the closed
position. The Coast Guard will also
inform the users of the waterways
through our Local and Broadcast Notice
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 this
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of this effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: November 3, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2017–24468 Filed 11–9–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–0990]
RIN 1625–AA00
Safety Zone; City of Oswego Fireworks
Display; Oswego River, Oswego, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Rules and Regulations
The Coast Guard is
establishing a temporary safety zone on
the Oswego River, Oswego, NY. This
safety zone is intended to restrict
vessels from portions of the Oswego
River during the City of Oswego
fireworks display. 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.
DATES: This rule is effective from 7:15
p.m. on November 25, 2017 until 8:15
p.m. on November 26, 2017.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0990 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 on this rule, call or
email LT Michael Collet, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9322, email D09-SMB-SECBuffaloWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
asabaliauskas on DSKBBXCHB2PROD with RULES
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
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 the
event sponsor did not submit notice to
the Coast Guard with sufficient time
remaining before the event to publish an
NPRM. Delaying the effective date of
this rule to wait for a comment period
to run would be impracticable and
contrary to the public interest by
inhibiting the Coast Guard’s ability to
protect spectators and vessels from the
VerDate Sep<11>2014
17:36 Nov 09, 2017
Jkt 244001
hazards associated with a 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 is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Buffalo (COTP) has
determined that a fireworks display
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 display takes place.
IV. Discussion of the Rule
This rule establishes a safety zone on
November 25, 2017, or in the event of
inclement weather November 26, 2017,
from 7:15 p.m. to 8:15 p.m. The safety
zone will encompass all waters of the
Oswego River; Oswego, NY contained
within 210-foot radius of: 43°27′15.37″
N., 076°30′28.34″ W. (NAD 83).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
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 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
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Frm 00039
Fmt 4700
Sfmt 4700
52211
Order 12866. Accordingly, this rule 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. 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.
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
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13NOR1
52212
Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Rules and Regulations
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).
asabaliauskas on DSKBBXCHB2PROD with RULES
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
VerDate Sep<11>2014
17:36 Nov 09, 2017
Jkt 244001
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 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:
■
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: November 6, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2017–24498 Filed 11–9–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2017–1011]
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.
RIN 1625–AA00
2. Add § 165.T09–0990 to read as
follows:
AGENCY:
■
§ 165.T09–0990 Safety Zone; City of
Oswego Fireworks Display; Oswego River,
Oswego, NY.
(a) Location. The safety zone will
encompass all waters of the Oswego
River; Oswego, NY contained within a
210-foot radius of: 43°27′15.37″ N.,
076°30′28.34″ W. (NAD 83).
(b) Enforcement period. This
regulation will be enforced from 7:15
p.m. until 8:15 p.m. on November 25,
2017, or in the event of inclement
weather, on November 26, 2017, from
7:15 p.m. until 8:15 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
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Safety Zone, Delaware River; Pipeline
Removal
Coast Guard, DHS.
Temporary final rule; correcting
amendment.
ACTION:
The Coast Guard is correcting
a temporary final rule that appeared in
the Federal Register on November 6,
2017. The document issued a temporary
safety zone for in the Mifflin Range on
the Delaware River to facilitate pipeline
removal in preparation for the
deepening of the Delaware River. Due to
mechanical issues on the SHELBY, the
dredging operations will be attended by
the towing vessel GRAPE APE for the
duration of the safety zone. All vessel
contact information remains the same.
DATES: This correction is effective
without actual notice from November
13, 2017 until December 4, 2017. For the
purpose of enforcement, actual notice
SUMMARY:
E:\FR\FM\13NOR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)]
[Rules and Regulations]
[Pages 52210-52212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24498]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2017-0990]
RIN 1625-AA00
Safety Zone; City of Oswego Fireworks Display; Oswego River,
Oswego, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
[[Page 52211]]
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Oswego River, Oswego, NY. This safety zone is intended to restrict
vessels from portions of the Oswego River during the City of Oswego
fireworks display. 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.
DATES: This rule is effective from 7:15 p.m. on November 25, 2017 until
8:15 p.m. on November 26, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0990 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 on this rule,
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
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 the event sponsor did not submit
notice to the Coast Guard with sufficient time remaining before the
event to publish an NPRM. Delaying the effective date of this rule to
wait for a comment period to run would be impracticable and contrary to
the public interest by inhibiting the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a 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 is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo (COTP) has determined that a
fireworks display 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 display
takes place.
IV. Discussion of the Rule
This rule establishes a safety zone on November 25, 2017, or in the
event of inclement weather November 26, 2017, from 7:15 p.m. to 8:15
p.m. The safety zone will encompass all waters of the Oswego River;
Oswego, NY contained within 210-foot radius of: 43[deg]27'15.37'' N.,
076[deg]30'28.34'' W. (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule 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. 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.
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
[[Page 52212]]
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 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 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.T09-0990 to read as follows:
Sec. 165.T09-0990 Safety Zone; City of Oswego Fireworks Display;
Oswego River, Oswego, NY.
(a) Location. The safety zone will encompass all waters of the
Oswego River; Oswego, NY contained within a 210-foot radius of:
43[deg]27'15.37'' N., 076[deg]30'28.34'' W. (NAD 83).
(b) Enforcement period. This regulation will be enforced from 7:15
p.m. until 8:15 p.m. on November 25, 2017, or in the event of inclement
weather, on November 26, 2017, from 7:15 p.m. until 8:15 p.m.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.
Dated: November 6, 2017.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-24498 Filed 11-9-17; 8:45 am]
BILLING CODE 9110-04-P
