Safety Zone; Town of Hamburg July 3rd Party, Lake Erie, Blasdell, NY, 30044-30046 [2018-13743]
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30044
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations
further review under paragraph L60(b)
of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. A Record of Environmental
Consideration supporting this
determination is available in the docket
where indicated under ADDRESSES.
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:
■
regarding intentions of passage prior to
entering the safety and security zone
and transiting under the Ellis Island
Bridge.
(D) Route: Transits through the safety
and security zone and under the bridge
shall occur only at the designated route
marked with lights and signage.
(E) Passage: Vessels transiting under
the Ellis Island Bridge shall make
expeditious passage and not stop or
loiter within the safety and security
zone.
(iii) Enforcement period. The safety
and security zone described in this
subsection is effective at all times.
Although certain vessels have
permission to enter the safety and
security zone to transit under the Ellis
Island Bridge subject to the conditions
outlined in paragraphs (a)(4)(ii)(A)–(E)
of this section, the safety and security
zone is in effect permanently and can be
enforced at any time. When deemed
necessary the COTP may rescind the
permission granted in paragraphs
(a)(4)(ii)(A)–(E) of this section for any
period of time.
*
*
*
*
*
Dated: June 4, 2018.
M. H. Day,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2018–13863 Filed 6–26–18; 8:45 am]
■
2. In § 165.169, revise paragraph (a)(4)
to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
§ 165.169 Safety and Security Zones: New
York Marine Inspection Zone and Captain of
the Port Zone.
nshattuck on DSK9F9SC42PROD with RULES
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.
Coast Guard
(a) * * *
(4) Liberty and Ellis Islands—(i)
Location. All waters within 150 yards of
Liberty Island and Ellis Island, and the
Ellis Island Bridge.
(ii) Ellis Island Bridge. In addition to
any person or vessel authorized
pursuant to paragraph (b) of this section,
vessels may transit underneath the Ellis
Island Bridge subject to the following
conditions:
(A) Dates/Times: On weekends only,
to include Federally Observed Holidays
on a Friday or Monday, from Memorial
Day Weekend through October 1 each
year, between one hour after sunrise and
one hour before sunset.
(B) Vessel types: Human powered
vessels equal to or less than twenty five
feet. Human powered vessels must be
able to safely navigate under the bridge.
(C) Notification: Human powered
vessels desiring to transit shall contact
the United States Park Police Command
Center at 212–363–3260 or VHF CH 13
VerDate Sep<11>2014
14:30 Jun 26, 2018
Jkt 244001
BILLING CODE 9110–04–P
33 CFR Part 165
[Docket Number USCG–2018–0595]
RIN 1625–AA00
Safety Zone; Town of Hamburg July
3rd Party, Lake Erie, Blasdell, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 420-foot
radius of the launch site located at
Woodlawn Beach, Lake Erie, Blasdell,
NY. This safety zone is intended to
restrict vessels from portions of Lake
Erie during Town of Hamburg July 3rd
Party. 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.
SUMMARY:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
This rule is effective from 9:45
p.m. until 10:45 p.m. on July 3, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0595 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
Waterways Management Division, U.S.
Coast Guard; telephone 716–843–9322,
email D09-SMB-SECBuffalo-WWM@
uscg.mil.
DATES:
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
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 form 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 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 in vicinity of the
fireworks display.
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Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations
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 the 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
July 3, 2018, from 9:45 p.m. until 10:45
p.m. The safety zone will encompass all
waters of the Woodlawn Beach; Lake
Erie, Blasdell, NY contained within 420foot radius of: 42°47′27.34″ N,
078°51′19.67″ W.
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.
nshattuck on DSK9F9SC42PROD with RULES
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 (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the conclusion that this rule
is not a significant regulatory action. 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
VerDate Sep<11>2014
14:30 Jun 26, 2018
Jkt 244001
relatively small and enforced for a
relatively short time. Also, 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
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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
30045
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
Directive 023–01 and Commandant
Instruction M16475.1D, 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 from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
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27JNR1
30046
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations
supporting this determination is
available in the docket where indicated
under ADDRESSES.
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
Coast Guard
33 CFR Part 165
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.T09–0595 to read as
follows:
■
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[Docket Number USCG–2018–0617]
RIN 1625–AA00
Safety Zone; Boaters Against Cancer
Fireworks Display; Lake Ontario,
Kendall, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 210-foot
radius of the launch site located at Bald
Eagle Marina, Kendall, NY. This safety
zone is intended to restrict vessels from
portions of the Lake Ontario during
Boaters Against Cancer 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 9:45
p.m. until 10:35 p.m. on June 30, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0617 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
Waterways Management Division, U.S.
Coast Guard; telephone 716–843–9322,
email D09-SMB-SECBuffalo-WWM@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
§ 165.T09–0595 Safety Zone; Town of
Hamburg July 3rd Party, Lake Erie, Blasdell,
NY.
(a) Location. The safety zone will
encompass all waters of the Woodlawn
Beach; Lake Erie, Blasdell, NY
contained within a 420-foot radius of:
42°47′27.34″ N, 078°51′19.67″ W.
(b) Enforcement period. This
regulation will be enforced from 9:45
p.m. until 10:45 p.m. on July 3, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
Jkt 244001
[FR Doc. 2018–13743 Filed 6–26–18; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
14:30 Jun 26, 2018
Dated: June 21, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
BILLING CODE 9110–04–P
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:
VerDate Sep<11>2014
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.
PO 00000
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Fmt 4700
Sfmt 4700
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
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
would be contrary to the rule’s
objectives of ensuring safety of life on
the navigable waters and protection of
persons and vessels in vicinity of the
fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. 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 in vicinity of the
fireworks display.
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 the 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
June 30, 2018, from 9:45 p.m. until
10:35 p.m. The safety zone will
encompass all waters of Lake Ontario;
Kendall, NY contained within 210-foot
radius of: 43°22′02.04″ N, 078°01′48.06″
W.
E:\FR\FM\27JNR1.SGM
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Agencies
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30044-30046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13743]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0595]
RIN 1625-AA00
Safety Zone; Town of Hamburg July 3rd Party, Lake Erie, Blasdell,
NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 420-foot radius of the launch site located at
Woodlawn Beach, Lake Erie, Blasdell, NY. This safety zone is intended
to restrict vessels from portions of Lake Erie during Town of Hamburg
July 3rd Party. 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 9:45 p.m. until 10:45 p.m. on July
3, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0595 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 Waterways Management Division,
U.S. Coast Guard; telephone 716-843-9322, email [email protected].
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 form 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 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 in vicinity of the fireworks display.
[[Page 30045]]
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 the 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 July 3, 2018, from 9:45 p.m.
until 10:45 p.m. The safety zone will encompass all waters of the
Woodlawn Beach; Lake Erie, Blasdell, NY contained within 420-foot
radius of: 42[deg]47'27.34'' N, 078[deg]51'19.67'' W.
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 (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the conclusion
that this rule is not a significant regulatory action. 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 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 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
Directive 023-01 and Commandant Instruction M16475.1D, 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 from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental
Consideration
[[Page 30046]]
supporting this determination is available in the docket where
indicated under ADDRESSES.
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.T09-0595 to read as follows:
Sec. 165.T09-0595 Safety Zone; Town of Hamburg July 3rd Party, Lake
Erie, Blasdell, NY.
(a) Location. The safety zone will encompass all waters of the
Woodlawn Beach; Lake Erie, Blasdell, NY contained within a 420-foot
radius of: 42[deg]47'27.34'' N, 078[deg]51'19.67'' W.
(b) Enforcement period. This regulation will be enforced from 9:45
p.m. until 10:45 p.m. on July 3, 2018.
(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: June 21, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13743 Filed 6-26-18; 8:45 am]
BILLING CODE 9110-04-P