Safety Zone; Canalside 4th of July, Lake Erie, Buffalo, NY, 31200-31202 [2019-13949]
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
TABLE 1—Continued
[Datum NAD 1983]
Event
Location
Event Date
(3) Bay Harbor Yacht Club Fourth
of July Celebration Fireworks;
Petoskey, MI.
All U.S. navigable waters of Lake Michigan and Bay Harbor Lake
within the arc of a circle with an approximate 840-foot radius from
the fireworks launch site located on a barge in position 45°21′50″
N, 085°01′37″ W.
All U.S. navigable waters of Marquette Harbor within an approximate
840-foot radius of the fireworks launch site, centered in position
46°32′23.0″ N, 087°23′13.1″ W.
All U.S. navigable waters of South Bay within an approximate 800foot radius from the fireworks launch site at the end of the
Munising City Dock, centered in position: 46°24′50.08″ N,
086°39′08.52″ W.
All U.S. navigable waters of the St. Marys River within an approximate 700-foot radius around the eastern portion of the U.S. Army
Corps of Engineers Soo Locks North East Pier, centered in position: 46°30′19.66″ N, 084°20′31.61″ W.
All U.S. navigable waters of Lake Huron within an approximate 420foot radius of the fireworks launch site, centered approximately
1000 yards west of Round Island Passage Light, at position
45°50′34.92″ N, 084°37′38.16″ W.
All U.S. navigable waters of Lake Michigan and Harbor Springs Harbor within the arc of a circle with an approximate 700-foot radius
from the fireworks launch site located on a barge in position
45°25′30″ N, 084°59′06″ W.
All U.S. navigable waters of Lake Michigan and Petoskey Harbor, in
the vicinity of Bay Front Park, within the arc of a circle with an approximate 720-foot radius from the fireworks launch site located in
position 45°22′40″ N, 084°57′30″ W.
All U.S. navigable waters of Lake Charlevoix, in the vicinity of Veterans Park, within the arc of a circle with an approximate 1400-foot
radius from the fireworks launch site located in position 45°13′30″
N, 085°01′40″ W.
All U.S. navigable waters of Lake Huron within an approximate 1000foot radius of the fireworks launch site located near the end of
Mason Street, South of State Avenue, at position 45°02′42″ N,
083°26′48″ W.
All U.S. navigable waters of the West Arm of Grand Traverse Bay
within the arc of a circle with an approximate 840-foot radius from
the fireworks launch site located on a barge in position 44°46′12″
N, 085°37′06″ W.
All U.S. navigable waters of the West Arm of Grand Traverse Bay
within the arc of a circle with an approximate 840-foot radius from
the fireworks launch site located on a barge in position 44°46′12″
N, 085°37′06″ W.
July 3, 2019 from 10 p.m. to 11:30
p.m.
(4) Marquette Fourth of July Celebration Fireworks; Marquette, MI.
(5) Munising Fourth of July Celebration Fireworks; Munising, MI.
(6) Sault Sainte Marie Fourth of
July Celebration Fireworks; Sault
Sainte Marie, MI.
(7) Mackinac Island Fourth of July
Celebration Fireworks; Mackinac
Island, MI.
(8) Harbor Springs Fourth of July
Celebration Fireworks; Harbor
Springs, MI.
(9) Petoskey Fourth of July Celebration Fireworks; Petoskey, MI.
(10) Boyne City Fourth of July
Celebration Fireworks; Boyne
City, MI.
(11) Alpena Fourth of July Celebration Fireworks; Alpena, MI.
(12) Traverse City Fourth of July
Celebration Fireworks; Traverse
City, MI.
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(13) National Cherry Festival Finale
Fireworks; Traverse City, MI.
This action is being taken to provide
for the safety of life on navigable
waterways during the fireworks
displays. The regulations for safety
zones within the Captain of the Port
Sault Sainte Marie Zone, § 165.918,
apply for these fireworks displays.
This notice of enforcement is issued
under authority of 33 CFR 165.918 and
5 U.S.C. 552(a). In addition to this
notice of enforcement in the Federal
Register, the Coast Guard will provide
the maritime community with advance
notification of this enforcement period
via Broadcast Notice to Mariners or
Local Notice to Mariners. If the Captain
of the Port Sault Sainte Marie
determines that the safety zone need not
be enforced for the full duration stated
in this notice of enforcement he or she
may use a Broadcast Notice to Mariners
VerDate Sep<11>2014
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Jkt 247001
to grant general permission to enter the
respective safety zone.
Dated: June 26, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2019–13998 Filed 6–28–19; 8:45 am]
July 4, 2019 from 9 p.m. to 11:30
p.m. Rain date July 5, 2019
from 9 p.m. to 11:30 p.m.
July 4, 2019 from 10 p.m. to 11
p.m. Rain date July 5, 2019
from 10 p.m. to 11 p.m.
July 4, 2019 from 9:30 p.m. to
11:30 p.m. Rain date July 5,
2019 from 9:30 p.m. to 11:30
p.m.
July 4, 2019 from 10 p.m. to 11:30
p.m. Rain date July 5, 2019
from 10 p.m. to 11:30 p.m.
July 4, 2019 from 9 p.m. to 11:30
p.m. Rain date July 5, 2019
from 9 p.m. to 11:30 p.m.
July 4, 2019 from 9 p.m. to 11
p.m. Rain date July 5, 2019
from 9 p.m. to 11 p.m.
July 6, 2019 from 9:30 p.m. to 11
p.m.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0465]
RIN 1625–AA00
BILLING CODE 9110–04–P
PO 00000
July 4, 2019 from 9 p.m. to 11
p.m. Rain date July 5, 2019
from 9 p.m. to 11 p.m.
July 4, 2019 from 10:30 p.m. to
11:30 p.m. Rain date July 5,
2019 from 10:30 p.m. to 11:30
p.m.
July 4, 2019 from 9 p.m. to 11
p.m. Rain date July 5, 2019
from 9 p.m. to 11 p.m.
Safety Zone; Canalside 4th of July,
Lake Erie, Buffalo, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 560-foot
radius of the launch site located near
the Buffalo Outer Harbor, Buffalo, NY.
This safety zone is intended to restrict
vessels from portions of the Buffalo
SUMMARY:
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
Outer Harbor and Lake Erie during the
Canalside 4th of July fireworks display.
The safety zone is necessary to protect
mariners and vessels from potential
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 or a designated
representative.
This rule is effective from 10
p.m. on July 4, 2019 through 10:30 p.m.
on July 5, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0465 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 Sean Dolan, Chief Waterways
Management Division, U.S. Coast
Guard; telephone 716–843–9322, email
D09-SMB-SECBuffalo-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
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
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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
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15:54 Jun 28, 2019
Jkt 247001
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
III. Legal Authority and Need for Rule
The legal basis for the rule is the
Coast Guard’s authority to establish
safety zones under 46 U.S.C. 70034
(previously 33 U.S.C. 1231), 70051; 33
CFR 1.05–1, 6.04–1, 6.04–6 and 160.5;
Department of Homeland Security
Delegation No. 0170.1.
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 prior to, during,
and immediately after the fireworks
display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 10 p.m. through 10:30 p.m. on July
4, 2019. In the case of inclement
weather on July 4, the safety zone will
be enforced at the same times on July 5,
2019. The safety zone will cover all
navigable waters of Lake Erie at the
Buffalo Outer Harbor, Buffalo, NY
contained within a 560-foot radius of:
42°52′07.93″ N, 078°53′01.86″ W.
The duration of the zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters while the fireworks event takes
place. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
PO 00000
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31201
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 COTP.
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
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01JYR1
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Federal Register / Vol. 84, No. 126 / Monday, July 1, 2019 / Rules and Regulations
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).
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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
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15:54 Jun 28, 2019
Jkt 247001
Directive 023–01 and Environmental
Planning COMDTINST 5090.1 (series),
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 lasting only a half
hour that will prohibit entry within the
established safety zone for the fireworks
display. It is categorically excluded
from further review under paragraph
L[60](a) in Table 3–1 of U.S. Coast
Guard Environmental Planning
Implementing Procedures 5090.1. 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:
zone will be enforced at the same times
on July 5, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo or a 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 or her designated onscene 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 or her behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone must
contact the Captain of the Port Buffalo
or his or her on-scene representative to
obtain permission to do so. The Captain
of the Port Buffalo or his or her on-scene
representative may be contacted via
VHF Channel 16 or alternatively they
may contact the Captain of the Port
Buffalo via landline at 716–843–9525.
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 or her on-scene representative.
Dated: June 25, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2019–13949 Filed 6–28–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
■
Authority: 46 U.S.C. 70034, 70051; 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.T09–0465 to read as
follows:
■
§ 165.T09–0465 Safety Zone; Canalside 4th
of July, Lake Erie, Buffalo, NY.
(a) Location. The safety zone will
encompass all waters of Lake Erie at the
Buffalo Outer Harbor; Buffalo, NY
contained within a 560-foot radius of:
42°52′07.93″ N, 078°53′01.86″ W.
(b) Enforcement period. The
regulation in this section will be
enforced from 10 p.m. through 10:30
p.m. on July 4, 2019. In the case of
inclement weather on July 4, the safety
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33 CFR Part 165
[Docket Number USCG–2019–0513]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Miles 483 to 484, Rock Island, IL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Upper
Mississippi River between Mile Marker
(MM) 483 and MM 484. The safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards created by a fireworks
display. Entry of vessels or persons into
this zone is prohibited unless
SUMMARY:
E:\FR\FM\01JYR1.SGM
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Agencies
[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Rules and Regulations]
[Pages 31200-31202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13949]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0465]
RIN 1625-AA00
Safety Zone; Canalside 4th of July, Lake Erie, Buffalo, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 560-foot radius of the launch site located
near the Buffalo Outer Harbor, Buffalo, NY. This safety zone is
intended to restrict vessels from portions of the Buffalo
[[Page 31201]]
Outer Harbor and Lake Erie during the Canalside 4th of July fireworks
display. The safety zone is necessary to protect mariners and vessels
from potential 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 or a designated
representative.
DATES: This rule is effective from 10 p.m. on July 4, 2019 through
10:30 p.m. on July 5, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0465 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 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 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 rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.
III. Legal Authority and Need for Rule
The legal basis for the rule is the Coast Guard's authority to
establish safety zones under 46 U.S.C. 70034 (previously 33 U.S.C.
1231), 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6 and 160.5; Department of
Homeland Security Delegation No. 0170.1.
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 prior to, during, and
immediately after the fireworks display.
IV. Discussion of the Rule
This rule establishes a safety zone from 10 p.m. through 10:30 p.m.
on July 4, 2019. In the case of inclement weather on July 4, the safety
zone will be enforced at the same times on July 5, 2019. The safety
zone will cover all navigable waters of Lake Erie at the Buffalo Outer
Harbor, Buffalo, NY contained within a 560-foot radius of:
42[deg]52'07.93'' N, 078[deg]53'01.86'' W.
The duration of the zone is intended to protect personnel, vessels,
and the marine environment in these navigable waters while the
fireworks event takes place. Entry into, transiting, or anchoring
within the safety zone is prohibited unless authorized by the COTP or a
designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 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 COTP.
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
[[Page 31202]]
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 Environmental Planning COMDTINST 5090.1 (series),
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 lasting only
a half hour that will prohibit entry within the established safety zone
for the fireworks display. It is categorically excluded from further
review under paragraph L[60](a) in Table 3-1 of U.S. Coast Guard
Environmental Planning Implementing Procedures 5090.1. 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: 46 U.S.C. 70034, 70051; 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.T09-0465 to read as follows:
Sec. 165.T09-0465 Safety Zone; Canalside 4th of July, Lake Erie,
Buffalo, NY.
(a) Location. The safety zone will encompass all waters of Lake
Erie at the Buffalo Outer Harbor; Buffalo, NY contained within a 560-
foot radius of: 42[deg]52'07.93'' N, 078[deg]53'01.86'' W.
(b) Enforcement period. The regulation in this section will be
enforced from 10 p.m. through 10:30 p.m. on July 4, 2019. In the case
of inclement weather on July 4, the safety zone will be enforced at the
same times on July 5, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or a 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 or her
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 or
her behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his or her on-
scene representative to obtain permission to do so. The Captain of the
Port Buffalo or his or her on-scene representative may be contacted via
VHF Channel 16 or alternatively they may contact the Captain of the
Port Buffalo via landline at 716-843-9525. 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 or
her on-scene representative.
Dated: June 25, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-13949 Filed 6-28-19; 8:45 am]
BILLING CODE 9110-04-P