Special Local Regulation; Henderson Bay, Henderson Harbor, NY, 48125-48129 [2023-15797]
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Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
§ 31.3132–1T
[Removed]
§ 31.3221–5 Recapture of credits under the
Families First Coronavirus Response Act
and the Coronavirus Aid, Relief, and
Economic Security Act.
Par. 7. Section 31.3132–1T is
removed.
■
Par. 8. Section 31.3134–1 is added to
read as follows:
■
§ 31.3134–1
Recapture of credits.
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(a) Recapture of erroneously refunded
credits. Any amount of credits for
qualified wages under section 3134 of
the Code that is treated as an
overpayment and refunded or credited
to an employer under section 6402(a) or
6413(b) of the Code and to which the
employer is not entitled, resulting in an
erroneous refund to the employer, shall
be treated as an underpayment of the
taxes imposed under section 3111(b)
and so much of the taxes imposed under
section 3221(a) as are attributable to the
rate in effect under section 3111(b), as
applicable, and may be assessed and
collected by the Secretary in the same
manner as the taxes.
(b) Advance credit amounts
erroneously refunded. The
determination of any amount of credits
erroneously refunded as described in
paragraph (a) of this section must take
into account any amount of credits
advanced to an employer under the
process established by the Internal
Revenue Service in accordance with
section 3134(j) and 3134(m).
(c) Third party payors. For purposes
of this section, employers against whom
an erroneous refund of the credits under
section 3134 can be assessed as an
underpayment of the taxes imposed
under section 3111(b) and so much of
the taxes imposed under section 3221(a)
as are attributable to the rate in effect
under section 3111(b), as applicable,
include persons treated as the employer
under sections 3401(d), 3504, and 3511,
consistent with their liability for the
section 3111(b) or 3221(a) taxes against
which the credit applied, and also
include those persons’ common law
employer clients that remain subject to
all provisions of law applicable to
employers with respect to the payment
of wages or compensation, as
applicable.
(d) Applicability date. This section
applies to all credit refunds under
section 3134 advanced or paid on or
after September 8, 2021.
§ 31.3134–1T
[Removed]
Par. 9. Section 31.3134–1T is
removed.
■
Par. 10. Section 31.3221–5 is added to
read as follows:
■
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18:41 Jul 25, 2023
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(a) Recapture of erroneously refunded
credits under the Families First
Coronavirus Response Act. Any amount
of credits for qualified sick leave wages
or qualified family leave wages under
sections 7001 and 7003, respectively, of
the Families First Coronavirus Response
Act (Families First Act), Public Law
116–127, 134 Stat. 178 (2020), as
modified by section 3606 of the
Coronavirus Aid, Relief, and Economic
Security Act (CARES Act), Public Law
116–136, 134 Stat. 281 (2020), plus any
amount of credits for qualified health
plan expenses under sections 7001 and
7003, that are treated as overpayments
and refunded or credited to an employer
under section 6402(a) or 6413(b) of the
Internal Revenue Code (Code) and to
which the employer is not entitled,
resulting in an erroneous refund to the
employer, shall be treated as an
underpayment of the taxes imposed by
section 3221(a) of the Code and may be
assessed and collected by the Secretary
in the same manner as the taxes.
(b) Recapture of erroneously refunded
credits under the Coronavirus Aid,
Relief, and Economic Security Act. Any
amount of credits for qualified wages
under section 2301 of the CARES Act
that is treated as an overpayment and
refunded or credited to an employer
under section 6402(a) or 6413(b) of the
Code and to which the employer is not
entitled, resulting in an erroneous
refund to the employer, shall be treated
as an underpayment of the taxes
imposed by section 3221(a) of the Code
and may be assessed and collected by
the Secretary in the same manner as the
taxes.
(c) Advance credit amounts
erroneously refunded. The
determination of any amount of credits
erroneously refunded as described in
paragraphs (a) and (b) of this section
must take into account any amount of
credits advanced to an employer under
the process established by the Internal
Revenue Service in accordance with
sections 7001(b)(4)(A)(ii) and
7003(b)(3)(B) of the Families First Act,
as modified by section 3606 of the
CARES Act, and section 2301(l)(1) of the
CARES Act.
(d) Third party payors. For purposes
of this section, employers against whom
an erroneous refund of the credits under
sections 7001 and 7003 of the Families
First Act, as modified by section 3606
of the CARES Act, and the credits under
section 2301 of the CARES Act can be
assessed as an underpayment of the
taxes imposed by section 3221(a)
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48125
include persons treated as the employer
under sections 3401(d), 3504, and 3511
of the Code, consistent with their
liability for the section 3221(a) taxes
against which the credit applied, and
also include those persons’ common law
employer clients that remain subject to
all provisions of law applicable to
employers with respect to the payment
of compensation.
(e) Applicability date. This section
applies to all credit refunds under
sections 7001 and 7003 of the Families
First Act, as modified by section 3606
of the CARES Act, advanced or paid on
or after July 24, 2020, and all credit
refunds under section 2301 of the
CARES Act advanced or paid on or after
July 24, 2020.
§ 31.3221–5T
Par. 11.
removed.
■
[Removed]
Section 31.3221–5T is
Douglas W. O’Donnell,
Deputy Commissioner for Services and
Enforcement.
Approved: July 10, 2023.
Lily L. Batchelder,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2023–15690 Filed 7–24–23; 11:15 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0308]
RIN 625–AA08
Special Local Regulation; Henderson
Bay, Henderson Harbor, NY
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule
AGENCY:
The Coast Guard is
establishing a permanent special local
regulation for certain waters of
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 rulemaking will 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.
SUMMARY:
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DATES:
Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
This rule is effective July 26,
2023.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0308 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
If
you have questions about this
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
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
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 on July 29,
2023. 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, 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. In response, on June
7, 2023, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled ‘‘Special Local Regulation;
Henderson Bay, Henderson Harbor, NY’’
(88 FR 37194). There we stated why we
issued the NPRM and invited comments
on our proposed regulatory action
related to this boat parade. During the
comment period that ended July 7,
2023, we received one comment that
was in full support of the rule.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70041. The
Captain of the Port Sector Buffalo
(COTP) has determined that this rule is
necessary to ensure the safety of life and
property of the participants within the
regulated area before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we only received one
comment on our NPRM published June
7, 2023, and it fully supported the
proposed rule. There are no substantive
changes in the regulatory text of this
rule from the proposed rule in the
NPRM. We did reform the text and
corrected the authority citation for 33
CFR part 100.
This rule establishes a special local
regulation from 5 p.m. through 9 p.m.
on July 29, 2023. 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 in Henderson
Bay, Henderson Harbor, NY. The
duration of the special local regulation
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. boat parade. No
vessel or person will be permitted to
enter the special local regulation area
without obtaining permission from the
COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule 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
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regulation. Vessel traffic will be able to
safely transit around this regulated area
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 received no comments
from the Small Business Administration
on this rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this
rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the special
local regulation may be small entities,
for the reasons stated in section V.A
above, this rule will not have a
significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
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Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, 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
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation lasting that will
prohibit persons and vessels from
transiting the regulated area during the
parade. It is categorically excluded from
further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Memorandum for Record supporting
this determination is available in the
docket. For instructions on locating the
48127
docket, see the ADDRESSES section of
this preamble.
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.
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 amends 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, revise table 1 to read
as follows:
■
§ 100.901
events.
*
*
Great Lakes annual marine
*
*
*
TABLE 1 TO § 100.91
Event
Location
Date
Sector Buffalo, NY
(1) Fireworks by Grucci .................
Sponsor: New York Power Authority.
(2) Flagship International Kilo
Speed Challenge.
Sponsor: Presque Isle Powerboat
Racing Association.
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.
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.
Last weekend of July.
(3) Flagship International Offshore
Challenge.
Sponsor: Presque Isle Powerboat
Racing Association.
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.
3rd or 4th weekend of June.
(4) Friendship Festival Airshow .....
Sponsor: Friendship Festival. ........
That portion of the Niagara River and Buffalo
4th of July holiday.
3rd or 4th weekend of June.
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Harbor from:
Latitude
Longitude
42°54.4′ N .....................................
42°54.4′ N .....................................
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078°54.1′ W, thence to.
078°54.4′ W, thence
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Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations
TABLE 1 TO § 100.91—CONTINUED
Event
Location
Date
Latitude
Longitude
along the International Border to:
42°52.9′
42°52.5′
42°52.7′
42°52.8′
42°53.1′
42°53.2′
42°53.3′
N
N
N
N
N
N
N
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
078°54.9′
078°54.3′
078°53.9′
078°53.8′
078°53.6′
078°53.6′
078°53.7′
W,
W,
W,
W,
W,
W,
W,
thence
thence
thence
thence
thence
thence
thence
to
to
to
to
to
to
along the breakwall to:
42°54.4′ N .....................................
078°54.1′ W
(5) NFBRA Red Dog Kilo Time
Trials.
Sponsor: Niagara Frontier Boat
Racing Association.
(6) Sodus Bay 4th of July Fireworks.
Sponsor: Sodus Bay Historical Society.
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).
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.
4th or 5th weekend of September.
(7) Tallship Erie ..............................
Sponsor: Erie Maritime Programs,
Inc.
That portion of Lake Erie, Presque Isle Bay.
1st or 2nd weekend of July.
4th of July holiday.
Entrance Channel and Presque Isle Bay from:
Latitude
Longitude
42°10′ N ........................................
42°08.1′ N .....................................
42°07.9′ N .....................................
080°03′ W, thence to
080°07′ W, thence to
080°06.8′ W, thence
east along the shoreline and structures to:
42°09.2′ N .....................................
080°02.6′ W, thence to
42°10′ N ........................................
080°03′ W
(8) Thomas Graves Memorial Fireworks Display.
Sponsor: Port Bay Improvement
Association.
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.
1st or 2nd weekend of July.
(9) Thunder Island Offshore Challenge.
Sponsor: Thunder on the Water
Inc.
That portion of Lake Ontario, Oswego Harbor from the West Pier Head
Light (LLNR 2080) north to:
3rd or 4th weekend of June.
Latitude
Longitude
43°29′02″ N ..................................
43°26′18″ N ..................................
43°24′55″ N ..................................
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).
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(10) We Love Erie Days Fireworks
Sponsor: We Love Erie Days Festival, Inc.
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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.
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3rd weekend of August.
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48129
TABLE 1 TO § 100.91—CONTINUED
Event
Location
(11) Christmas in July ....................
Sponsor: Henderson Business and
Community Council.
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
Date
Date: Final weekend of July.
Longitude
43°51′44″ N ..................................
43°52′12.2″ N ...............................
43°53′40.9″ N ...............................
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.
Sector Sault Ste. Marie, MI
(1) Bridgefest Regatta ....................
Sponsor: Bridgefest Committee .....
(2) Duluth Fourth Fest Fireworks ...
Sponsor: Office of the Mayor, Duluth, MN.
(3) July 4th Fireworks ....................
Sponsor: City of Sault Ste Marie,
MI.
Keweenaw Waterway, from the Houghton Hancock Lift Bridge to 1000
yards west of the bridge, near Houghton, MI.
That portion of the Duluth Harbor Basin Northern Section bounded on
the south by a line drawn on a bearing of 087° true from the Cargill
Pier through Duluth Basin Lighted Buoy #5 (LLNR 15905) to the opposite shore on the north by the Duluth Aerial Bridge. That portion of
Duluth Harbor Basin Northern Section within 600 yards of position
46°46′47″ N 092°06′10″ W.
That portion of the St. Mary’s River, Sault Ste. Marie, MI within a 1000
foot radius of Brady Park, located on the south shore of the river.
These waters are enclosed by the Locks to the west and to the east
from a line drawn from the pier light of the east center pier to the
U.S. Coast Guard Base to the southeast.
2nd weekend of June.
4th of July weekend.
4th of July weekend.
1 All
coordinates listed in this table 1 reference North American Datum of 1983 (NAD 1983).
noted in the introductory text 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
Dated: July 19, 2023.
Sean M. Murray,
Commander, U.S. Coast Guard, Alternate
Captain of the Port Buffalo.
[FR Doc. 2023–15797 Filed 7–25–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2023–OSERS–0057]
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Final Priority and Requirements—
Technical Assistance on State Data
Collection—National Technical
Assistance Center To Improve State
Capacity To Collect, Report, Analyze,
and Use Accurate IDEA Data To
Address Significant Disproportionality
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority and requirements.
AGENCY:
The Department of Education
(Department) announces a priority and
SUMMARY:
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19:14 Jul 25, 2023
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requirements for the National Technical
Assistance Center to Improve State
Capacity to Collect, Report, Analyze,
and Use Accurate IDEA Data to Address
Significant Disproportionality (Center)
under the Technical Assistance on State
Data Collection program, Assistance
Listing Number 84.373E. The
Department may use this priority and
one or more of these requirements in
fiscal year (FY) 2023 and later years. We
will use the priority to award a
cooperative agreement for a Center to
focus attention on an identified national
need to provide technical assistance
(TA) to improve the capacity of States
to meet the data collection and reporting
requirements under Part B and Part C of
the Individuals with Disabilities
Education Act (IDEA). This Center will
support States in collecting, reporting,
and determining how to best analyze
and use their data to address issues of
significant disproportionality and will
customize its TA to meet each State’s
specific needs.
PO 00000
Frm 00099
Fmt 4700
Sfmt 4700
The priority and requirements
are effective August 25, 2023.
FOR FURTHER INFORMATION CONTACT:
Richelle Davis, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 5076, Potomac Center Plaza,
Washington, DC 20202–5076.
Telephone: (202) 245–7401. Email:
Richelle.Davis@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of
the Technical Assistance on State Data
Collection program is to improve the
capacity of States to meet IDEA data
collection and reporting requirements.
Funding for the program is authorized
under section 611(c)(1) of IDEA, which
gives the Secretary authority to reserve
not more than 1⁄2 of 1 percent of the
amounts appropriated under Part B for
each fiscal year to provide TA activities,
where needed, to improve the capacity
of States to meet the data collection and
DATES:
E:\FR\FM\26JYR1.SGM
26JYR1
]]>Agencies
[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48125-48129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15797]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2023-0308]
RIN 625-AA08
Special Local Regulation; Henderson Bay, Henderson Harbor, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent special local
regulation for certain waters of 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
rulemaking will 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.
[[Page 48126]]
DATES: This rule is effective July 26, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0308 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this
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 Information and Regulatory History
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 on July 29, 2023. 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. In response, on June 7,
2023, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Special Local Regulation; Henderson Bay, Henderson Harbor,
NY'' (88 FR 37194). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this boat parade.
During the comment period that ended July 7, 2023, we received one
comment that was in full support of the rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Buffalo (COTP) has determined
that this rule is necessary to ensure the safety of life and property
of the participants within the regulated area before, during, and after
the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we only received one comment on our NPRM published
June 7, 2023, and it fully supported the proposed rule. There are no
substantive changes in the regulatory text of this rule from the
proposed rule in the NPRM. We did reform the text and corrected the
authority citation for 33 CFR part 100.
This rule establishes a special local regulation from 5 p.m.
through 9 p.m. on July 29, 2023. 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 in Henderson Bay, Henderson Harbor, NY.
The duration of the special local regulation 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. boat parade. No vessel or person
will be permitted to enter the special local regulation area without
obtaining permission from the COTP or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule 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 will be able to safely transit around this regulated
area 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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the
[[Page 48127]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01, 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 determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting that will prohibit persons and vessels
from transiting the regulated area during the parade. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for Record supporting this determination is available in the
docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.
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.
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 amends
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, revise table 1 to read as follows:
Sec. 100.901 Great Lakes annual marine events.
* * * * *
Table 1 to Sec. 100.91
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Event Location Date
----------------------------------------------------------------------------------------------------------------
Sector Buffalo, NY
----------------------------------------------------------------------------------------------------------------
(1) Fireworks by Grucci.............. Lake Ontario, Wright's Landing/Oswego Harbor, NY Last weekend of July.
Sponsor: New York Power Authority.... within an 800 foot radius of the fireworks
launching platform located in approximate
position 43[deg]28'10'' N 076[deg]31'04'' W.
(2) Flagship International Kilo Speed That portion of Lake Erie, Presque Isle Bay, 3rd or 4th weekend of
Challenge. south of a line drawn from 42[deg]08'54'' N June.
Sponsor: Presque Isle Powerboat 080[deg]05'42'' W; to 42[deg]07' N 080[deg]21'
Racing Association. 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.
--------------------------------------------------
(3) Flagship International Offshore That portion of Lake Erie, Presque Isle Bay, 3rd or 4th weekend of
Challenge. Entrance Channel, and the enclosed area from June.
Sponsor: Presque Isle Powerboat Erie Harbor Pier Head Light (LLNR 3430)
Racing Association. northeast to 42[deg]12'48'' N 079[deg]57'24''
W, thence south to shore just east of Shades
Beach.
--------------------------------------------------
(4) Friendship Festival Airshow...... That portion of the Niagara River and Buffalo 4th of July holiday.
Sponsor: Friendship Festival.........
--------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
[[Page 48128]]
Table 1 to Sec. 100.91--Continued
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Event Location Date
----------------------------------------------------------------------------------------------------------------
Latitude Longitude
--------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
(5) NFBRA Red Dog Kilo Time Trials... That portion of the Niagara River, Tonawanda 4th or 5th weekend of
Sponsor: Niagara Frontier Boat Racing Channel, between Tonawanda Channel Buoy 31 to September.
Association. 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).
(6) Sodus Bay 4th of July Fireworks.. Lake Ontario, within a 500 foot radius around a 4th of July holiday.
Sponsor: Sodus Bay Historical Society barge anchored in approximate position
43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay.
--------------------------------------------------
(7) Tallship Erie.................... That portion of Lake Erie, Presque Isle Bay. 1st or 2nd weekend of
Sponsor: Erie Maritime Programs, Inc. July.
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
(8) Thomas Graves Memorial Fireworks That portion of Lake Ontario, Port Bay Harbor, 1st or 2nd weekend of
Display. NY within a 500 ft radius surrounding a barge July.
Sponsor: Port Bay Improvement anchored in approximate position 43[deg]17'46''
Association. N 076[deg]50'02'' W.
----------------------------------------------------------------------------------------------------------------
(9) Thunder Island Offshore Challenge That portion of Lake Ontario, Oswego Harbor from 3rd or 4th weekend of
Sponsor: Thunder on the Water Inc.... the West Pier Head Light (LLNR 2080) north to: June.
----------------------------------------------------------------------------------------------------------------
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).
--------------------------------------------------
(10) We Love Erie Days Fireworks..... That portion of Lake Erie, Erie Harbor, within a 3rd weekend of August.
Sponsor: We Love Erie Days Festival, 300 foot radius, surrounding the Erie Sand and
Inc. Gravel Pier, located in position 42[deg]08'16''
N 080[deg]05'40'' W.
----------------------------------------------------------------------------------------------------------------
[[Page 48129]]
Table 1 to Sec. 100.91--Continued
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Event Location Date
----------------------------------------------------------------------------------------------------------------
(11) Christmas in July............... Location: The special local regulation area will Date: Final weekend of
Sponsor: Henderson Business and cover ALL WATERS WITHIN A MOVING ZONE THAT July.
Community Council. 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.
----------------------------------------------------------------------------------------------------------------
Sector Sault Ste. Marie, MI
----------------------------------------------------------------------------------------------------------------
(1) Bridgefest Regatta............... Keweenaw Waterway, from the Houghton Hancock 2nd weekend of June.
Sponsor: Bridgefest Committee........ Lift Bridge to 1000 yards west of the bridge,
near Houghton, MI.
(2) Duluth Fourth Fest Fireworks..... That portion of the Duluth Harbor Basin Northern 4th of July weekend.
Sponsor: Office of the Mayor, Duluth, Section bounded on the south by a line drawn on
MN. a bearing of 087[deg] true from the Cargill
Pier through Duluth Basin Lighted Buoy #5 (LLNR
15905) to the opposite shore on the north by
the Duluth Aerial Bridge. That portion of
Duluth Harbor Basin Northern Section within 600
yards of position 46[deg]46'47'' N
092[deg]06'10'' W.
(3) July 4th Fireworks............... That portion of the St. Mary's River, Sault Ste. 4th of July weekend.
Sponsor: City of Sault Ste Marie, MI. Marie, MI within a 1000 foot radius of Brady
Park, located on the south shore of the river.
These waters are enclosed by the Locks to the
west and to the east from a line drawn from the
pier light of the east center pier to the U.S.
Coast Guard Base to the southeast.
----------------------------------------------------------------------------------------------------------------
\1\ All coordinates listed in this table 1 reference North American Datum of 1983 (NAD 1983).
\2\ As noted in the introductory text 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: July 19, 2023.
Sean M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-15797 Filed 7-25-23; 8:45 am]
BILLING CODE 9110-04-P
