Special Local Regulation; Henderson Bay, Henderson Harbor, NY, 37194-37198 [2023-11881]
Download as PDF
<![CDATA[
37194
Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Proposed Rules
Government Publishing Office,
Washington, DC 20402, or by visiting
the IRS website at https://www.irs.gov.
Drafting Information
The principal authors of these
regulations are Lara Banjanin and Tracy
Villecco of the Office of Associate Chief
Counsel (International). However, other
personnel from the Treasury
Department and the IRS participated in
their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendments to the
Regulations
Accordingly, the Treasury Department
and the IRS propose to amend 26 CFR
part 1 as follows:
PART 1—INCOME TAXES
Paragraph 1.The authority citation for
part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
*
*
*
*
*
Section 1.6011–12 also issued under 26
U.S.C. 6001 and 26 U.S.C. 6011 * * *
*
*
*
*
*
Par. 2. Section 1.6011–12 is added to
read as follows:
■
lotter on DSK11XQN23PROD with PROPOSALS1
§ 1.6011–12 Malta Personal Retirement
Scheme Listed Transaction.
(a) Malta personal retirement scheme
listed transaction. Transactions that are
the same as, or substantially similar to,
a transaction described in paragraph
(b)(1) of this section are identified as
listed transactions for purposes of
§ 1.6011–4(b)(2), except as provided in
paragraph (b)(2) of this section. A
transaction is not substantially similar
unless it involves a retirement
arrangement established in Malta and
the taxpayer takes a Federal income tax
return position based on the income tax
treaty between the United States and
Malta.
(b) Malta personal retirement scheme
transaction—(1) Transaction
description. A transaction is described
in this paragraph (b)(1) if:
(i) A U.S. citizen or U.S. resident
alien, directly or indirectly—
(A) Transfers (within the meaning of
§ 1.679–3 or § 1.684–2) cash or other
property to a personal retirement
scheme established under Malta’s
Retirement Pension Act of 2011 (a
‘‘Malta personal retirement scheme’’), or
(B) Receives a distribution from a
Malta personal retirement scheme, and
(ii) A U.S. citizen or U.S. resident
alien described in paragraph (b)(1)(i) of
VerDate Sep<11>2014
16:17 Jun 06, 2023
Jkt 259001
this section takes a position on a U.S.
Federal income tax return that—
(A) Income earned or gain realized by
the Malta personal retirement scheme is
not includible on a current basis in
income for U.S. Federal income tax
purposes by reason of the income tax
treaty between the United States and
Malta, or
(B) A distribution received from the
Malta personal retirement scheme
attributable to earnings or gains that
have not been included in income for
U.S. Federal income tax purposes is
exempt from U.S. taxation by reason of
the income tax treaty between the
United States and Malta.
(2) Exception. If a U.S. citizen or U.S.
resident alien described in paragraph
(b)(1) of this section takes a position
described in paragraph (b)(1)(ii) of this
section on a U.S. Federal income tax
return filed before June 6, 2023, such
U.S. citizen or U.S. resident alien will
not be treated as participating in a listed
transaction under this section for the
taxable year to which the U.S. Federal
income tax return relates provided
that—
(i) Such U.S. citizen or U.S. resident
alien (the transferor) established the
Malta personal retirement scheme with
a transfer (or rollover) of a pension or
other retirement arrangement
established in a country other than
Malta or the United States, and in
compliance with the tax laws of such
country;
(ii) The transferor was, when such
pension or retirement arrangement was
established and such rollover occurred,
a resident of the other country under
that country’s tax law, including under
Article 4 (Residency) of such country’s
income tax treaty with the United
States, if applicable; and
(iii) The transferor’s contributions to
such pension or retirement arrangement
consisted solely of cash in an amount
that bears a relationship to the
transferor’s income earned from the
performance of personal services.
The preceding sentence does not
apply, however, to any U.S. citizen or
U.S. resident alien who take a position
described in paragraph (b)(1)(ii) of this
section on a U.S. Federal income tax
return filed on or after June 6, 2023.
(3) Applicability date—(i) In general.
This section identifies transactions that
are the same as, or substantially similar
to, the transaction described in
paragraph (b)(1) of this section, except
as provided in paragraph (b)(2) of this
section, as listed transactions for
purposes of § 1.6011–4(b)(2) and
sections 6111 and 6112 effective [DATE
OF PUBLICATION OF THE FINAL
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
REGULATIONS IN THE FEDERAL
REGISTER].
(ii) Obligations of participants with
respect to prior periods. Pursuant to
§ 1.6011–4(d) and (e), taxpayers who
have filed a tax return (including an
amended return) reflecting their
participation in these transactions prior
to [DATE OF PUBLICATION OF THE
FINAL REGULATIONS IN THE
FEDERAL REGISTER], who have not
otherwise finalized a settlement
agreement with the Internal Revenue
Service with respect to the transaction,
must disclose the transactions as
provided in § 1.6011–4(d) and (e)
provided that the period of limitations
for assessment of tax for any taxable
year in which the taxpayer participated
in the transaction has not ended on or
before [DATE OF PUBLICATION OF
THE FINAL REGULATIONS IN THE
FEDERAL REGISTER].
(iii) Obligations of material advisors
with respect to prior periods. Material
advisors defined in § 301.6111–3(b) of
this chapter who have previously made
a tax statement with respect to a
transaction described in paragraph (b)(1)
of this section, except as provided in
paragraph (b)(2) of this section, have
disclosure and list maintenance
obligations as described in §§ 301.6111–
3 and 301.6112–1 of this chapter,
respectively. Notwithstanding
§ 301.6111–3(b)(4)(i) and (iii) of this
chapter, material advisors are required
to disclose only if they have made a tax
statement on or after the date that is six
years before the date the regulations are
published as final regulations in the
Federal Register.
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2023–11861 Filed 6–6–23; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number: USCG–2023–0308]
RIN 1625–AA08
Special Local Regulation; Henderson
Bay, Henderson Harbor, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to establish a permanent special local
regulation for certain waters of
SUMMARY:
E:\FR\FM\07JNP1.SGM
07JNP1
Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Proposed Rules
Henderson Bay in Henderson Harbor,
NY, in support of the Christmas in July
festival. This action is necessary to
provide for the safety of life on these
navigable waters near Henderson Bay,
Henderson Harbor, NY, during a boat
parade. This proposed rulemaking
would prohibit persons and vessels
from entering, transiting through,
anchoring, blocking, or loitering within
the event area adjacent to the city of
Henderson Harbor, unless authorized by
the Captain of the Port 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 7, 2023.
ADDRESSES: You may submit comments
identified by docket number Docket:
USCG–2023–0308 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
SMB-MSDMassenaWaterwaysManagement@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
lotter on DSK11XQN23PROD with PROPOSALS1
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 16, 2023, the Henderson
Business and Community Council
notified the Coast Guard of an intention
to conduct the ‘‘Christmas in July’’ boat
parade in Henderson Bay. Christmas in
July is an annual event in July occurring
on or near the last weekend of July. The
special local regulation area will occur
from 5 p.m. through 9 p.m. and cover
all waters within a moving zone that
encompasses a 50 yard buffer zone
ahead of the lead vessel, 50 yards astern
of the last participating vessel, and 50
yards on each side of the parade vessels
as it travels the parade route. The
parade will start at Waterside Tavern
dock 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,
VerDate Sep<11>2014
16:17 Jun 06, 2023
Jkt 259001
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″ N 76°12′07.3″ W. The event is
expected to draw a high concentration
of vessels to Henderson Bay along the
proposed parade route. The Coast Guard
is establishing this special local
regulation to minimize any potential
impact to recreational boaters in the
area. This regulation is necessary to
ensure the safety of individuals,
property, and the marine environment
on the navigable waters of Henderson
Bay during this 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
permanent special local regulation for
the annual ‘‘Christmas in July’’ festival
on the final weekend of July. The
special local regulation area will occur
from 5 p.m. through 9 p.m. and cover
all waters within a moving zone that
encompasses a 50 yard buffer zone
ahead of the lead vessel, 50 yards astern
of the last participating vessel, and 50
yards on each side of the parade vessels
as it travels the parade route. The
parade will start at Waterside Tavern
dock at point 43°51′44.0″ 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. The
duration of the special local regulation
area is intended to ensure the safety of
vessels and these navigable waters
before, during, and after the scheduled
5 p.m. through 9 p.m. event. Spectators
may contact the Coast Guard Patrol
Commander to request permission to
pass through the regulated area. If
permission is granted, spectators must
pass directly through the regulated area
at a safe speed without loitering. 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.
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
37195
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, and
duration of the special local regulation.
Vessel traffic would be able to safely
transit around this special local
regulation, which would impact a smalldesignated area of Henderson Bay.
Moreover, the Coast Guard would issue
a Local Notice to Mariners about the
areas, and the rule would allow vessels
to seek permission to enter the areas.
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
E:\FR\FM\07JNP1.SGM
07JNP1
37196
Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Proposed Rules
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.
INFORMATION CONTACT
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.
lotter on DSK11XQN23PROD with PROPOSALS1
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.
VerDate Sep<11>2014
16:17 Jun 06, 2023
Jkt 259001
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
that would prohibit persons and vessels
from transiting the regulated area during
the parade. Normally such actions are
categorically excluded from further
review under paragraph L61 of
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–2023–0308 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
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
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 ‘‘Christmas in July’’ to read as
follows:
■
§ 100.901
events.
*
E:\FR\FM\07JNP1.SGM
*
Great Lakes annual marine
*
07JNP1
*
*
37197
Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Proposed Rules
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.
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′
42°52.8′
42°53.1′
42°53.2′
42°53.3′
42°54.4′
N
N
N
N
N
N
N
N
N
N
Latitude
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
..........................................................................
078°54.1′
078°54.4′
078°54.9′
078°54.3′
078°53.9′
078°53.8′
078°53.6′
078°53.6′
078°53.7′
078°54.1′
W,
W,
W,
W,
W,
W,
W,
W,
W,
W.
thence
thence
thence
thence
thence
thence
thence
thence
thence
Longitude
to
along the International Border to
to
to
to
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:
lotter on DSK11XQN23PROD with PROPOSALS1
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 ........................................................................
VerDate Sep<11>2014
16:17 Jun 06, 2023
Jkt 259001
PO 00000
Longitude
076°32′04″ W, thence to
076°39′30″ W, thence to
Frm 00021
Fmt 4702
Sfmt 4702
E:\FR\FM\07JNP1.SGM
07JNP1
37198
Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Proposed Rules
TABLE 1—Continued
43°24′55″ N ........................................................................
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 special local regulation area will cover all waters within a moving zone that encompasses a 50 yard buffer zone ahead of the lead
vessel, 50 yards astern of the last participating vessel, and 50 yards on each side of the parade vessels as it travels the parade route 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.
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.
1 All
coordinates listed in Table 100.901 reference Datum NAD 1983.
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.
2 As
May 30, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2023–11881 Filed 6–6–23; 8:45 am]
lotter on DSK11XQN23PROD with PROPOSALS1
BILLING CODE 9110–04–P
VerDate Sep<11>2014
16:17 Jun 06, 2023
Jkt 259001
PO 00000
Frm 00022
Fmt 4702
Sfmt 9990
E:\FR\FM\07JNP1.SGM
07JNP1
]]>Agencies
[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Proposed Rules]
[Pages 37194-37198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11881]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number: USCG-2023-0308]
RIN 1625-AA08
Special Local Regulation; Henderson Bay, Henderson Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to establish a permanent special
local regulation for certain waters of
[[Page 37195]]
Henderson Bay in Henderson Harbor, NY, in support of the Christmas in
July festival. This action is necessary to provide for the safety of
life on these navigable waters near Henderson Bay, Henderson Harbor,
NY, during a boat parade. This proposed rulemaking would prohibit
persons and vessels from entering, transiting through, anchoring,
blocking, or loitering within the event area adjacent to the city of
Henderson Harbor, unless authorized by the Captain of the Port 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 7, 2023.
ADDRESSES: You may submit comments identified by docket number Docket:
USCG-2023-0308 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].
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 16, 2023, the Henderson Business and Community Council
notified the Coast Guard of an intention to conduct the ``Christmas in
July'' boat parade in Henderson Bay. Christmas in July is an annual
event in July occurring on or near the last weekend of July. The
special local regulation area will occur from 5 p.m. through 9 p.m. and
cover all waters within a moving zone that encompasses a 50 yard buffer
zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route. The parade will start at Waterside
Tavern dock 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'' N 76[deg]12'07.3'' W. The event is expected to
draw a high concentration of vessels to Henderson Bay along the
proposed parade route. The Coast Guard is establishing this special
local regulation to minimize any potential impact to recreational
boaters in the area. This regulation is necessary to ensure the safety
of individuals, property, and the marine environment on the navigable
waters of Henderson Bay during this 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 permanent special local
regulation for the annual ``Christmas in July'' festival on the final
weekend of July. The special local regulation area will occur from 5
p.m. through 9 p.m. and cover all waters within a moving zone that
encompasses a 50 yard buffer zone ahead of the lead vessel, 50 yards
astern of the last participating vessel, and 50 yards on each side of
the parade vessels as it travels the parade route. The parade will
start at Waterside Tavern dock at point 43[deg]51'44.0'' 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. The
duration of the special local regulation area is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 5 p.m. through 9 p.m. event. Spectators may contact the
Coast Guard Patrol Commander to request permission to pass through the
regulated area. If permission is granted, spectators must pass directly
through the regulated area at a safe speed without loitering. 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, and duration of the special local regulation. Vessel traffic
would be able to safely transit around this special local regulation,
which would impact a small-designated area of Henderson Bay. Moreover,
the Coast Guard would issue a Local Notice to Mariners about the areas,
and the rule would allow vessels to seek permission to enter the areas.
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
[[Page 37196]]
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 that would prohibit persons and vessels from
transiting the regulated area during the parade. Normally such actions
are categorically excluded from further review under paragraph L61 of
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-2023-0308 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 ``Christmas in July'' to
read as follows:
Sec. 100.901 Great Lakes annual marine events.
* * * * *
[[Page 37197]]
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
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
080[deg]03' W.
42[deg]10' N......................
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
[[Page 37198]]
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 special local regulation area will cover all waters within
a moving zone that encompasses a 50 yard buffer zone ahead of the lead
vessel, 50 yards astern of the last participating vessel, and 50 yards
on each side of the parade vessels as it travels the parade route
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.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 100.901 reference Datum NAD 1983.
\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.
May 30, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11881 Filed 6-6-23; 8:45 am]
BILLING CODE 9110-04-P
