Special Local Regulation; Henderson Bay, Henderson Bay, NY, 36999-37003 [2023-11654]
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Proposed Rules
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ddrumheller on DSK120RN23PROD with PROPOSALS1
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[FR Doc. 2023–09824 Filed 6–5–23; 8:45 am]
BILLING CODE 4191–02–P
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§ 402.165 Publications for sale through the
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The public may purchase publications
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0429]
RIN 1625–AA08
Special Local Regulation; Henderson
Bay, Henderson Bay, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a special local regulation for
certain waters of Henderson Bay. This
action is necessary to provide for the
safety of life on these navigable waters
near Henderson Bay, Henderson Bay,
NY, during the swimming portion of a
triathlon on July 8, 2023. This proposed
rulemaking would prohibit persons and
vessels from being in the regulated area
unless authorized by the Captain of the
Port Sector Buffalo or a designated
representative. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before July 6, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0429 using the Federal DecisionMaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
If
you have questions about this proposed
rulemaking, call or email MST2 Andrew
Nevenner, Waterways Management
Division, MSD Massena, U.S. Coast
Guard; telephone 315–769–5483, email
SMB-MSDMassenaWaterwaysManagement@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Proposed Rules
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, Purpose, and Legal
Basis
On March 27, 2023, the Henderson
Business and Community Council
notified the Coast Guard that it will be
conducting the Henderson Harbor
Triathlon Starting at 8 a.m. on July 8,
2023. The swim portion of the triathlon
will start and end at the Henderson Boat
Launch and will be approximately 750meters in length. This proposed
rulemaking would prohibit persons and
vessels from being in the special local
regulation zone unless authorized by the
Captain of the Port Buffalo or a
designated representative.
The purpose of this rulemaking is to
ensure the safety of life of the
participants within the regulated area
before, during, and after the scheduled
event. The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70041.
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III. Discussion of Proposed Rule
The COTP is proposing to establish a
special local regulation from 8 a.m.
through 11 a.m. on July 8, 2023. The
special local regulation would cover all
navigable waters within a 750-meter
marked swim course near the
Henderson Boat Launch. The duration
of the zone is intended to ensure the
safety of swimmers before, during, and
after the scheduled 8 through 11 a.m.
swimming event. No vessel or person
would be permitted to enter the special
local regulation area without obtaining
permission from the COTP or a
designated representative. The
regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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.
This NPRM has not been designated a
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‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the special local
regulation. Vessel traffic would be
minimal due to the closure of the
Henderson Boat Launch. Moreover, the
Coast Guard would issue a Broadcast
Notice to Mariners via VHF–FM marine
channel 16 about the zone, and the rule
would allow vessels to seek permission
to enter the zone.
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 proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the special
local regulation may be small entities,
for the reasons stated in section IV.A
above, this proposed rule would not
have a significant economic impact on
any vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would not call for
a new collection of information under
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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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
potential effects of this proposed rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Directive 023–01, Rev. 1,
associated implementing instructions,
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 made a preliminary determination
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 proposed
rule involves a special local regulation
lasting 3 hours that would prohibit
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Proposed Rules
entry within the regulated area.
Normally such actions are categorically
excluded from further review under
paragraph L61of Appendix A, Table 1 of
DHS Instruction Manual 023–01–001–
01, Rev. 1. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0429 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. If you cannot submit
your material by using https://
www.regulations.gov, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this proposed rule
for alternate instructions.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, if you click
on the Dockets tab and then the
proposed rule, you should see a
‘‘Subscribe’’ option for email alerts. The
option will notify you when comments
are posted, or a final rule is published.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov will
include any personal information you
have provided. For more about privacy
and submissions to the docket in
response to this document, see DHS’s
eRulemaking System of Records notice
(85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. In § 100.901, amend Table 1 by
adding ‘‘Henderson Harbor Sprint
Triathlon’’ to read as follows:
■
§ 100.901
events.
*
*
Great Lakes annual marine
*
*
*
TABLE 1
*
*
*
*
Sector Buffalo, NY:
*
*
*
Fireworks by Grucci
Sponsor: New York Power Authority.
Date: Last weekend of July.
Location: Lake Ontario, Wright’s Landing/Oswego Harbor, NY within an 800 foot radius of the fireworks launching platform located in approximate position 43°28′10″ N 076°31′04″ W.
Flagship International Kilo Speed Challenge
Sponsor: Presque Isle Powerboat Racing Association.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie, Presque Isle Bay, south of a line drawn from 42°08′54″ N 080°05′42″ W; to 42°07′ N 080°21′ W will be a
regulated area. That portion of Lake Erie, Presque Isle Bay, north of a line drawn from 42°08′54″ N 080°05′42″ W; to 42°07′ N 080°21′ W will
be a ‘‘caution area’’. All vessels transiting the caution area will be operated at bare steerageway, keeping the vessel’s wake at a minimum,
and will exercise a high degree of caution in the area. The bay entrance will not be effected.
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Flagship International Offshore Challenge
Sponsor: Presque Isle Powerboat Racing Association.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie, Presque Isle Bay, Entrance Channel, and the enclosed area from Erie Harbor Pier Head Light (LLNR 3430)
northeast to 42°12′48″ N 079°57′24″ W, thence south to shore just east of Shades Beach.
Friendship Festival Airshow
Sponsor: Friendship Festival.
Date: 4th of July holiday.
Location: That portion of the Niagara River and Buffalo. Harbor from:
42°54.4′
42°54.4′
42°52.9′
42°52.5′
42°52.7′
N
N
N
N
N
Latitude
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
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078°54.1′
078°54.4′
078°54.9′
078°54.3′
078°53.9′
Frm 00026
W,
W,
W,
W,
W,
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thence
thence
thence
thence
thence
Longitude
to
along the International Border to
to
to
to
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Proposed Rules
TABLE 1—Continued
42°52.8′
42°53.1′
42°53.2′
42°53.3′
42°54.4′
N
N
N
N
N
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
078°53.8′
078°53.6′
078°53.6′
078°53.7′
078°54.1′
W,
W,
W,
W,
W.
thence
thence
thence
thence
to
to
to
along the breakwall to
NFBRA Red Dog Kilo Time Trials
Sponsor: Niagara Frontier Boat Racing Association.
Date: 4th or 5th weekend of September.
Location: That portion of the Niagara River, Tonawanda Channel, between Tonawanda Channel Buoy 31 to approximately 1⁄2 mile southwest of
Twomile Creek along a line drawn from 43°00′45″ N 078°55′06″ W to 43°00′28″ N 078°54′56″ W (Sipco Oil Company).
Sodus Bay 4th of July Fireworks
Sponsor: Sodus Bay Historical Society.
Date: 4th of July holiday.
Location: Lake Ontario, within a 500 foot radius around a barge anchored in approximate position 43°15.73′ N 076°58.23′ W, in Sodus Bay.
Tallship Erie
Sponsor: Erie Maritime Programs, Inc.
Date: 1st or 2nd weekend of July.
Location: That portion of Lake Erie, Presque Isle Bay Entrance Channel and Presque Isle Bay from:
Latitude
42°10′ N .............................................................................
42°08.1′ N ..........................................................................
42°07.9′ N ..........................................................................
42°09.2′ N ..........................................................................
42°10′ N .............................................................................
Longitude
080°03′ W, thence to
080°07′ W, thence to
080°06.8′ W, thence east along the shoreline and structures to:
080°02.6′ W, thence to
080°03′ W.
Thomas Graves Memorial Fireworks Display
Sponsor: Port Bay Improvement Association.
Date: 1st or 2nd weekend of July.
Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 500 ft radius surrounding a barge anchored in approximate position
43°17′46″ N 076°50′02″ W.
Thunder Island Offshore Challenge
Sponsor: Thunder on the Water Inc.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Ontario, Oswego Harbor from the West Pier Head Light (LLNR 2080) north to:
Latitude
43°29′02″ N ........................................................................
43°26′18″ N ........................................................................
43°24′55″ N ........................................................................
Longitude
076°32′04″ W, thence to
076°39′30″ W, thence to
076°37′45″ W, thence along the shoreline to the West Pier Head Light (LLNR 2080).
We Love Erie Days Fireworks
Sponsor: We Love Erie Days Festival, Inc.
Date: 3rd weekend of August.
Location: That portion of Lake Erie, Erie Harbor, within a 300 foot radius, surrounding the Erie Sand and Gravel Pier, located in position
42°08′16″ N 080°05′40″ W.
Christmas in July
Sponsor: Henderson Business and Community Council.
Date: Final weekend of July.
Location: The regulated area would cover all navigable waters within Henderson Bay starting at point 43°51′44″ N 76°12′07.3″ W and running
north adjacent to the shore to point 43°52′12.2″ N 76°11′32.7″ W, continuing northwest to point 43°53′40.9″ N 76°12′40.6″ W and running
south adjacent to the shore to point 43°51′47.2″ N 76°14′08.3″ W, ending at the starting position at point 43°51′44.0″ N 76°12′07.3″ W.
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Latitude
43°51′44″ N ........................................................................
43°52′12.2″ N .....................................................................
43°53′40.9″ N .....................................................................
Longitude
076°12′07.3″ W, thence to
076°11′32.7″ W, thence to
076°14′08.3″ W, thence (along the shoreline to end at the starting position).
Henderson Harbor Sprint Triathlon
Sponsor: Henderson Business and Community Council.
Date: On or around the 2nd weekend of July.
Enforcement Period: 0800–1100.
Location: The regulated area would cover navigable waters within Henderson Bay starting at point 43°51′02.5″ N 076°12′21.9″ W and running
northeast adjacent to the shore to point 43°51′05.9″ N 076°12′12.2″ W, continuing west to point 43°51′06.2″ N 076°12′21.2″ W, ending at
starting position at point 43°51′02.5″ N 076°12′21.9″ W.
Latitude
43°51′02.5″ N .....................................................................
43°51′05.9″ N .....................................................................
43°51′06.2″ N .....................................................................
1 All
Longitude
076°12′21.9″ W, thence to
076°12′12.2″ W, thence to
076°12′21.2″ W, thence (along the shoreline to end at the starting position).
coordinates listed in Table 100.901 reference Datum NAD 1983.
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2 As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed events in this table are subject to change.
In the event of a change, or for enforcement periods listed that do not allow a specific date or dates to be determined, the Captain of the Port
will provide notice to the public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariner.
Dated: May 25, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
analytical changes filed in this docket as
Proposal Two.
[FR Doc. 2023–11654 Filed 6–5–23; 8:45 am]
Background. The Postal Service
Reform Act of 2022 2 modified and
expanded the Postal Service’s ability to
enter into interagency agreements
(IAAs) to provide property and services
to, or on behalf of, other government
agencies. Specifically, 39 U.S.C. 3703
for the first time authorizes the Postal
Service to enter into agreements with
agencies of any state government, local
government, or tribal government to
provide property or nonpostal services
to the public on behalf of such agencies
for non-commercial purposes. At the
same time, with respect to the Postal
Service’s pre-existing authority under
39 U.S.C. 411 to provide property and
services to other Federal agencies, the
PSRA specifies that ‘‘[t]he Postal Service
may establish a program to provide
property and nonpostal services to other
Government [i.e., federal] agencies
within the meaning of section 411,[3] but
only if such program provides a net
contribution to the Postal Service,
defined as reimbursement that covers at
least 100 percent of the costs
attributable . . . .’’ 39 U.S.C. 3704.
Under the PSRA, the Postal Service
must submit a report to the Commission
after the close of each fiscal year. See 39
U.S.C. 3705(a).
Upon receiving the Postal Service’s
report and providing an opportunity for
public comment, the Commission must
make a written determination of
compliance. 39 U.S.C. 3705(e).
Because the PSRA was enacted on
April 6, 2022 (during FY 2022 Quarter
3), the Postal Service’s first report
responsive to this new statutory
requirement was due December 29,
2022, covering FY 2022. In its report,
the Postal Service stated that there were
no agreements with state, local, or tribal
governments pursuant to 39 U.S.C. 3703
II. Proposal Two
BILLING CODE 9110–04–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3050
[Docket No. RM2023–7; Order No. 6528]
Periodic Reporting
Postal Regulatory Commission.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Commission is
acknowledging a recent filing requesting
the Commission initiate a rulemaking
proceeding to consider changes to
analytical principles relating to periodic
reports (Proposal Two). This document
informs the public of the filing, invites
public comment, and takes other
administrative steps.
DATES: Comments are due: June 29,
2023.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Proposal Two
III. Notice and Comment
IV. Ordering Paragraphs
ddrumheller on DSK120RN23PROD with PROPOSALS1
I. Introduction
On May 26, 2023, the Postal Service
filed a petition pursuant to 39 CFR
3050.11 requesting that the Commission
initiate a rulemaking proceeding to
consider changes to analytical
principles relating to periodic reports.1
The Petition identifies the proposed
1 Petition of the United States Postal Service for
the Initiation of a Proceeding to Consider Proposed
Changes in Analytical Principles (Proposal Two),
May 26, 2023 (Petition).
VerDate Sep<11>2014
17:47 Jun 05, 2023
Jkt 259001
2 Postal Service Reform Act of 2022 (PSRA),
Public Law 117–108, 136 Stat. 1127 (2022).
3 Prior to the enactment of the PSRA, the Postal
Service’s authority for these agreements was
governed by 39 U.S.C. 411, which authorizes the
Postal Service to ‘‘furnish property and services’’ to
‘‘Executive agencies within the meaning of [5 U.S.C.
105] and the Government Publishing Office. . . .’’
39 U.S.C. 411. Section 105 of Title 5 of the United
States Code specifies that an ‘‘‘Executive agency’
means an Executive department, a Government
corporation, and an independent establishment’’ of
the U.S. Government, as those terms are defined in
5 U.S.C. chapter 1. 5 U.S.C. 105.
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
in effect during FY 2022.4 Pursuant to
39 U.S.C. 3705(a)(1), the Postal Service
provided non-public information on
costs and revenue for Federal IAAs that
were in effect during FY 2022.5 In
response to information requests, the
Postal Service also provided non-public
rate information with respect to Federal
IAAs, and publicly reported the number
of agreements, as well as the revenue,
costs, and contribution for the program
as a whole under section 3704.6
Because 39 U.S.C. 3704 requires that
the Federal IAA program as a whole
provide contribution to the Postal
Service, i.e., reimbursement that covers
at least 100 percent of the costs
attributable to such agreements, the
Commission sought information in
order to better understand the
underlying cost models and
methodologies used by the Postal
Service in calculating and distributing
costs to IAAs. FY 2022 ACD at 101. The
Commission found that ‘‘[b]ased on the
Postal Service’s responses, it appears
that the underlying cost models and
methodologies employed by the Postal
Service are, in some instances,
underdeveloped.’’ Id. Nevertheless, the
Commission found that for purposes of
the first compliance review of the
overall Federal IAA program under 39
U.S.C. 3705(e)(2), the record reflected
that the total reimbursement the Postal
Service received from other Federal
agencies for services rendered pursuant
to IAAs effective in FY 2022 exceeded
the total estimated cost associated with
providing such services; hence the
Federal IAA program as a whole
complied with 39 U.S.C. 3704 for FY
4 Docket No. ACR2022, United States Postal
Service FY 2022 Annual Compliance Report,
December 29, 2022, at 102 (FY 2022 ACR).
5 Id. at 102. With respect to quality of service, in
Docket No. RM2022–7, the Commission established
certain reporting requirements for nonpostal
services, including that the Postal Service shall
provide quantitative measures of service
performance for nonpostal services annually (or,
where unavailable, qualitative descriptions). See 39
CFR 3055.25. Specifically for IAAs under 39 U.S.C.
3704, the Commission mandated that the Postal
Service report the quality of service for the IAA
program as a whole. See id. 3055.25(c). The
Commission also specified that the reporting
requirements shall not go into effect until the
beginning of FY 2024 to allow the Postal Service
to set service standards and (if needed) file a
petition for an exception from reporting pursuant to
39 CFR 3055.3. Docket No. RM2022–7, Order
Revising Rules for Periodic Reporting of Service
Performance, February 9, 2023, at 16–17 (Order No.
6439).
6 Docket No. ACR2022, Annual Compliance
Determination Report, FY 2022, May 29, 2023, at
99–102 (FY 2022 ACD).
E:\FR\FM\06JNP1.SGM
06JNP1
]]>Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Proposed Rules]
[Pages 36999-37003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11654]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0429]
RIN 1625-AA08
Special Local Regulation; Henderson Bay, Henderson Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a special local
regulation for certain waters of Henderson Bay. This action is
necessary to provide for the safety of life on these navigable waters
near Henderson Bay, Henderson Bay, NY, during the swimming portion of a
triathlon on July 8, 2023. This proposed rulemaking would prohibit
persons and vessels from being in the regulated area unless authorized
by the Captain of the Port Sector Buffalo or a designated
representative. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before July 6, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0429 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email MST2 Andrew Nevenner, Waterways
Management Division, MSD Massena, U.S. Coast Guard; telephone 315-769-
5483, email [email protected].
[[Page 37000]]
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, Purpose, and Legal Basis
On March 27, 2023, the Henderson Business and Community Council
notified the Coast Guard that it will be conducting the Henderson
Harbor Triathlon Starting at 8 a.m. on July 8, 2023. The swim portion
of the triathlon will start and end at the Henderson Boat Launch and
will be approximately 750-meters in length. This proposed rulemaking
would prohibit persons and vessels from being in the special local
regulation zone unless authorized by the Captain of the Port Buffalo or
a designated representative.
The purpose of this rulemaking is to ensure the safety of life of
the participants within the regulated area before, during, and after
the scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.
III. Discussion of Proposed Rule
The COTP is proposing to establish a special local regulation from
8 a.m. through 11 a.m. on July 8, 2023. The special local regulation
would cover all navigable waters within a 750-meter marked swim course
near the Henderson Boat Launch. The duration of the zone is intended to
ensure the safety of swimmers before, during, and after the scheduled 8
through 11 a.m. swimming event. No vessel or person would be permitted
to enter the special local regulation area without obtaining permission
from the COTP or a designated representative. The regulatory text we
are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic would be minimal due to the closure of the Henderson
Boat Launch. Moreover, the Coast Guard would issue a Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the zone, and the rule
would allow vessels to seek permission to enter the zone.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section IV.A above, this proposed rule would not have a significant
economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
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 proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, 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 made
a preliminary determination 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 proposed rule involves a special
local regulation lasting 3 hours that would prohibit
[[Page 37001]]
entry within the regulated area. Normally such actions are
categorically excluded from further review under paragraph L61of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0429 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. In Sec. 100.901, amend Table 1 by adding ``Henderson Harbor Sprint
Triathlon'' to read as follows:
Sec. 100.901 Great Lakes annual marine events.
* * * * *
Table 1
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
Sector Buffalo, NY:
Fireworks by Grucci
Sponsor: New York Power Authority.
Date: Last weekend of July.
Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within an 800
foot radius of the fireworks launching platform located in approximate
position 43[deg]28'10'' N 076[deg]31'04'' W..
Flagship International Kilo Speed Challenge
Sponsor: Presque Isle Powerboat
Racing Association.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie, Presque Isle Bay, south of a line
drawn from 42[deg]08'54'' N 080[deg]05'42'' W; to 42[deg]07' N
080[deg]21' W will be a regulated area. That portion of Lake Erie,
Presque Isle Bay, north of a line drawn from 42[deg]08'54'' N
080[deg]05'42'' W; to 42[deg]07' N 080[deg]21' W will be a ``caution
area''. All vessels transiting the caution area will be operated at
bare steerageway, keeping the vessel's wake at a minimum, and will
exercise a high degree of caution in the area. The bay entrance will
not be effected..
Flagship International Offshore Challenge
Sponsor: Presque Isle Powerboat
Racing Association.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie, Presque Isle Bay, Entrance Channel,
and the enclosed area from Erie Harbor Pier Head Light (LLNR 3430)
northeast to 42[deg]12'48'' N 079[deg]57'24'' W, thence south to shore
just east of Shades Beach..
Friendship Festival Airshow
Sponsor: Friendship Festival.
Date: 4th of July holiday.
Location: That portion of the Niagara River and Buffalo. Harbor from:...
Latitude Longitude
42[deg]54.4' N.................... 078[deg]54.1' W, thence to
42[deg]54.4' N.................... 078[deg]54.4' W, thence along the
International Border to
42[deg]52.9' N.................... 078[deg]54.9' W, thence to
42[deg]52.5' N.................... 078[deg]54.3' W, thence to
42[deg]52.7' N.................... 078[deg]53.9' W, thence to
[[Page 37002]]
42[deg]52.8' N.................... 078[deg]53.8' W, thence to
42[deg]53.1' N.................... 078[deg]53.6' W, thence to
42[deg]53.2' N.................... 078[deg]53.6' W, thence to
42[deg]53.3' N.................... 078[deg]53.7' W, thence along the
breakwall to
42[deg]54.4' N.................... 078[deg]54.1' W.
NFBRA Red Dog Kilo Time Trials
Sponsor: Niagara Frontier Boat
Racing Association.
Date: 4th or 5th weekend of
September.
Location: That portion of the Niagara River, Tonawanda Channel, between
Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest of
Twomile Creek along a line drawn from 43[deg]00'45'' N 078[deg]55'06''
W to 43[deg]00'28'' N 078[deg]54'56'' W (Sipco Oil Company)..
Sodus Bay 4th of July Fireworks
Sponsor: Sodus Bay Historical
Society.
Date: 4th of July holiday.
Location: Lake Ontario, within a 500 foot radius around a barge anchored
in approximate position 43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay..
Tallship Erie
Sponsor: Erie Maritime Programs,
Inc.
Date: 1st or 2nd weekend of July.
Location: That portion of Lake Erie, Presque Isle Bay Entrance Channel
and Presque Isle Bay from:.
Latitude Longitude
42[deg]10' N...................... 080[deg]03' W, thence to
42[deg]08.1' N.................... 080[deg]07' W, thence to
42[deg]07.9' N.................... 080[deg]06.8' W, thence east along
the shoreline and structures to:
42[deg]09.2' N.................... 080[deg]02.6' W, thence to
42[deg]10' N...................... 080[deg]03' W.
Thomas Graves Memorial Fireworks Display
Sponsor: Port Bay Improvement
Association.
Date: 1st or 2nd weekend of July.
Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 500
ft radius surrounding a barge anchored in approximate position
43[deg]17'46'' N 076[deg]50'02'' W..
Thunder Island Offshore Challenge
Sponsor: Thunder on the Water Inc.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Ontario, Oswego Harbor from the West Pier
Head Light (LLNR 2080) north to:.
Latitude Longitude
43[deg]29'02'' N.................. 076[deg]32'04'' W, thence to
43[deg]26'18'' N.................. 076[deg]39'30'' W, thence to
43[deg]24'55'' N.................. 076[deg]37'45'' W, thence along the
shoreline to the West Pier Head
Light (LLNR 2080).
We Love Erie Days Fireworks
Sponsor: We Love Erie Days
Festival, Inc.
Date: 3rd weekend of August.
Location: That portion of Lake Erie, Erie Harbor, within a 300 foot
radius, surrounding the Erie Sand and Gravel Pier, located in position
42[deg]08'16'' N 080[deg]05'40'' W..
Christmas in July
Sponsor: Henderson Business and
Community Council.
Date: Final weekend of July.
Location: The regulated area would cover all navigable waters within
Henderson Bay starting at point 43[deg]51'44'' N 76[deg]12'07.3'' W and
running north adjacent to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to point 43[deg]53'40.9'' N
76[deg]12'40.6'' W and running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the starting position
at point 43[deg]51'44.0'' N 76[deg]12'07.3'' W..
Latitude Longitude
43[deg]51'44'' N.................. 076[deg]12'07.3'' W, thence to
43[deg]52'12.2'' N................ 076[deg]11'32.7'' W, thence to
43[deg]53'40.9'' N................ 076[deg]14'08.3'' W, thence (along
the shoreline to end at the
starting position).
Henderson Harbor Sprint Triathlon
Sponsor: Henderson Business and
Community Council.
Date: On or around the 2nd weekend
of July.
Enforcement Period: 0800-1100.
Location: The regulated area would cover navigable waters within
Henderson Bay starting at point 43[deg]51'02.5'' N 076[deg]12'21.9'' W
and running northeast adjacent to the shore to point 43[deg]51'05.9'' N
076[deg]12'12.2'' W, continuing west to point 43[deg]51'06.2'' N
076[deg]12'21.2'' W, ending at starting position at point
43[deg]51'02.5'' N 076[deg]12'21.9'' W..
Latitude Longitude
43[deg]51'02.5'' N................ 076[deg]12'21.9'' W, thence to
43[deg]51'05.9'' N................ 076[deg]12'12.2'' W, thence to
43[deg]51'06.2'' N................ 076[deg]12'21.2'' W, thence (along
the shoreline to end at the
starting position).
------------------------------------------------------------------------
\1\ All coordinates listed in Table 100.901 reference Datum NAD 1983.
[[Page 37003]]
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
and times for each of the listed events in this table are subject to
change. In the event of a change, or for enforcement periods listed
that do not allow a specific date or dates to be determined, the
Captain of the Port will provide notice to the public by publishing a
Notice of Enforcement in the Federal Register, as well as, issuing a
Broadcast Notice to Mariner.
Dated: May 25, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11654 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P
