Safety Zone; Helocast Water Insertion Operation; Black River Bay, Sackets Harbor, NY, 45569-45571 [2018-19562]
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations
units under the operational control of
USCG Sector Upper Mississippi River.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s designated representative by
telephone at 314–269–2332 or on VHF–
FM channel 16.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: August 27, 2018.
Scott A. Stoermer,
CAPT, U.S. Coast Guard, Captain of the Port
Sector Upper Mississippi River.
[FR Doc. 2018–19511 Filed 9–7–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0763]
RIN 1625–AA00
Safety Zone; Helocast Water Insertion
Operation; Black River Bay, Sackets
Harbor, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 1,000-foot
radius of the water insertion site located
600 feet offshore of Sackets Harbor
Battlefield, Black River Bay, Sackets
Harbor, NY. This safety zone is intended
to restrict vessels from portions of the
Black River Bay during the Helocast
Water Insertion Training Event. This
temporary safety zone is necessary to
protect mariners and vessels from the
navigational hazards associated with
this event. 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 6:00
a.m. until 2:00 p.m. on September 14,
2018.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0763 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 LTJG Sean Dolan, Chief
Waterways Management Division, U.S.
Coast Guard; telephone 716–843–9322,
email D09-SMB-SECBuffalo-WWM@
uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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 enhancing safety of life on
the navigable waters and protection of
persons and vessels in vicinity of the
Helocast Water Insertion Training
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 helicopter training with
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45569
swimmers jumping to the water presents
significant risks to the public safety and
property. Such hazards include
excessive winds from helicopter,
rougher than normal waters, dangerous
projectiles, and falling debris. This rule
is needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the Helocast Water Insertion
Training takes place.
IV. Discussion of the Rule
This rule establishes a safety zone on
September 14, 2018, from 6:00 a.m.
until 2:00 p.m. The safety zone will
encompass all waters of the Black River
Bay, Sackets Harbor, NY contained
within a 1,000-foot radius of:
43°57′11.1″ N, 76°07′26.3″ 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
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45570
Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations
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.
daltland on DSKBBV9HB2PROD with RULES
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).
VerDate Sep<11>2014
16:01 Sep 07, 2018
Jkt 244001
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
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 supporting this
determination is available in the docket
where indicated under ADDRESSES.
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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:
■
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.T09–0763 to read as
follows:
■
§ 165.T09–0763 Safety Zone; Helocast
Water Insertion Training; Black River Bay,
Sackets Harbor, NY.
(a) Location. The safety zone will
encompass all waters of the Black River
Bay; Sackets Harbor, NY contained
within a 1,000-foot radius of:
43°57′11.1″ N, 76°07′26.3″ W.
(b) Enforcement period. This
regulation will be enforced from 6:00
a.m. until 2:00 p.m. on September 14,
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
permission to do so. The Captain of the
Port Buffalo or his on-scene
representative may be contacted via
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Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Rules and Regulations
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: September 5, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting
Captain of the Port Buffalo.
[FR Doc. 2018–19562 Filed 9–7–18; 8:45 am]
BILLING CODE 9110–04–P
I. Table of Abbreviations
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
TIR Temporary Interim Rule
NPRM Notice of Proposed Rule Making
§ Section
U.S.C. United States Code
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0575]
RIN 1625–AA00
Safety Zone; Boston Harbor’s
Improvement Dredging Project,
Boston, MA
Coast Guard, DHS.
Temporary interim rule and
request for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing two temporary safety zones
on the navigable waters of Boston
Harbor. The first safety zone will be
around any vessel, barge, or dredging
equipment actively engaged in dredging
operations, drilling, or blasting. The
second safety zone will be around any
blasting worksites. These safety zones
are needed to protect personnel, vessels,
and the marine environment from the
potential hazards created by the
dredging, drilling, and blasting
operations in support of the U.S. Army
Corps of Engineers Boston Harbor’s
Improvement Dredging Project. When
enforced, this regulation prohibits
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Boston or a
designated representative.
DATES: This rule is effective from
September 10, 2018 through August 31,
2023.
Comments and related material must
be received by the Coast Guard during
the effective period on or before
December 10, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0575 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule. You may submit comments
identified by docket number USCG–
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SUMMARY:
VerDate Sep<11>2014
16:01 Sep 07, 2018
Jkt 244001
2018–0575 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mark Cutter, Waterways
Management Division, U.S. Coast Guard
Sector Boston, telephone 617–223–4000,
email Mark.E.Cutter@uscg.mil.
SUPPLEMENTARY INFORMATION:
II. Background Information and
Regulatory History
On June 1, 2018, U.S. Army Corps of
Engineers issued a notice allowing the
Joint Venture of Cashman Dredging Inc.
and Dutra Group to proceed with the
improvement-dredging project of Broad
Sound North Channel, Boston’s Inner
Harbor Main Ship Channel, Conley
Terminal including the turning basin or
‘‘MSC Notch,’’ and President Roads
Anchorage. The project consists of
deepening Broad Sound North Channel
to 51 feet below the surface, and
Boston’s Inner Harbor Main Ship
Channel, Conley Terminal including the
turning basin or ‘‘MSC Notch,’’ and
President Roads Anchorage each to 47
feet below the surface.
The project includes dredging
approximately 11.7 million cubic yards
of silt, blue clay, till and weathered rock
from the Broad South North Channel,
Boston’s Inner Harbor Main Ship
Channel, Conley Terminal, and
President Roads Anchorage. Most of the
material dredged will be placed at the
Massachusetts Bay Disposal Site
(MBDS) approximately 20 miles
offshore of Boston Harbor. A small
fraction of the material dredged will be
placed as a cap to the Main Ship
Channel Confined Aquatic Disposal
Cell, just downstream of the inner
confluence of the Chelsea and Mystic
Rivers. The initial phase of the dredge
operation involves using mechanical
dredges and does not involve any type
of blasting or drilling operation. At
some point, once the silt, blue clay, till
and weathered rock have been removed,
blasting or drilling may be needed to
remove the hard rock. Whether blasting
or drilling will be required, it will not
be known until the top material has
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45571
been removed and the contractor can
locate the hard rock spots. The dredge
operation has begun and will continue
for 24 hours a day, seven days a week
for approximately four years. The Coast
Guard is publishing this rule to be
effective, and enforceable, through
August 31, 2023, in case the project is
delayed due to unforeseen
circumstances. If the project is
completed prior to August 31, 2023,
enforcement of the safety zones will be
suspended and notice given via
Broadcast Notice to Mariners, Local
Notice to Mariners, or both.
The Coast Guard is issuing this
temporary interim 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
NPRM with respect to this rule because
doing so would be impracticable and
contrary to the public interest. The
notice allowing the dredging project to
proceed and providing dates for the
project was only recently finalized and
provided to the Coast Guard, and timely
action is needed to respond to the
potential safety hazards associated with
this dredging project. The late
finalization of project details did not
give the Coast Guard enough time to
publish a NPRM, take public comments,
and issue a final rule before dredging
operations begin. It would be
impracticable and contrary to the public
interest to publish a NPRM because a
safety zone must be established as soon
as possible to protect the safety of the
waterway users, construction crew, and
other personnel associated with the
dredging project. A delay of the
dredging project to accommodate a full
notice and comment period would delay
necessary operations, result in increased
costs, and delay the date when the
dredging project is expected to be
completed and reopen Boston Harbor
for normal operations.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective less than 30 days
after publication in the Federal
Register. For reasons stated in the
preceding paragraph, delaying the
effective date of this rule would be
impracticable and contrary to the public
interest because timely action is needed
to respond to the potential safety
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]]>Agencies
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Rules and Regulations]
[Pages 45569-45571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19562]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0763]
RIN 1625-AA00
Safety Zone; Helocast Water Insertion Operation; Black River Bay,
Sackets Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 1,000-foot radius of the water insertion site
located 600 feet offshore of Sackets Harbor Battlefield, Black River
Bay, Sackets Harbor, NY. This safety zone is intended to restrict
vessels from portions of the Black River Bay during the Helocast Water
Insertion Training Event. This temporary safety zone is necessary to
protect mariners and vessels from the navigational hazards associated
with this event. 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 6:00 a.m. until 2:00 p.m. on
September 14, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0763 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 LTJG Sean Dolan, 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 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 enhancing safety of life on the
navigable waters and protection of persons and vessels in vicinity of
the Helocast Water Insertion Training 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
helicopter training with swimmers jumping to the water presents
significant risks to the public safety and property. Such hazards
include excessive winds from helicopter, rougher than normal waters,
dangerous projectiles, and falling debris. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the Helocast Water Insertion
Training takes place.
IV. Discussion of the Rule
This rule establishes a safety zone on September 14, 2018, from
6:00 a.m. until 2:00 p.m. The safety zone will encompass all waters of
the Black River Bay, Sackets Harbor, NY contained within a 1,000-foot
radius of: 43[deg]57'11.1'' N, 76[deg]07'26.3'' 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
[[Page 45570]]
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 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
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.T09-0763 to read as follows:
Sec. 165.T09-0763 Safety Zone; Helocast Water Insertion Training;
Black River Bay, Sackets Harbor, NY.
(a) Location. The safety zone will encompass all waters of the
Black River Bay; Sackets Harbor, NY contained within a 1,000-foot
radius of: 43[deg]57'11.1'' N, 76[deg]07'26.3'' W.
(b) Enforcement period. This regulation will be enforced from 6:00
a.m. until 2:00 p.m. on September 14, 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
[[Page 45571]]
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: September 5, 2018.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2018-19562 Filed 9-7-18; 8:45 am]
BILLING CODE 9110-04-P
