Safety Zone; Henderson Bay, Henderson Harbor, NY, 48734-48736 [2023-16018]
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48734
Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Rules and Regulations
(1) In accordance with the general
regulations in § 165.23, entry into,
transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Detroit or his designated representative.
(2) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his designated representative to
obtain permission to do so. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port Detroit or his
designated representative. The COTP
Detroit or his designated representative
may be contacted via VHF Channel 16.
Dated: July 21, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0309]
RIN 1625–AA00
Safety Zone; Henderson Bay,
Henderson Harbor, NY
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is
establishing a permanent safety zone for
certain waters of Henderson Harbor.
This action is necessary to provide for
the safety of life on these navigable
waters near Henderson Harbor,
Henderson, NY, during a fireworks
display and annual reoccurrences of this
event. This regulation prohibits persons
and vessels from being in the safety
zone unless authorized by the Captain
of the Port Buffalo or a designated
representative.
DATES: This rule is effective without
actual notice July 28, 2023. For the
purposes of enforcement, actual notice
will be used from 9:30 through 10 p.m.
on July 29, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0309 in the search box and click
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SUMMARY:
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If
you have questions about this proposed
rulemaking, call or email MST2 Andrew
Nevenner, Waterways Management
Division MSD Massena, U.S. Coast
Guard; telephone 315–769–5483, email
SMB-MSDMassenaWaterwaysManagement@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[FR Doc. 2023–16019 Filed 7–27–23; 8:45 am]
ACTION:
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
On March 6, 2023, the Henderson
Business and Community Council
notified the Coast Guard that it will be
conducting a fireworks display from
9:30 through 10 p.m. on July 29, 2023,
For the Christmas in July Celebration.
The fireworks are to be launched from
a barge in Henderson Bay approximately
1500 yards north of the town boat ramp
located on the southern shore of
Henderson Harbor in Henderson Harbor,
NY. Hazards from firework displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. The
Captain of the Port Buffalo (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone within a 140-yard
radius of the barge. In response, on June
21, 2023, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Safety Zone; Henderson Bay,
Henderson Harbor, NY (88 FR 40134).
There we stated why we issued the
NPRM, and invited comments on our
proposed regulatory action related to
this fireworks display. During the
comment period that ended July 21,
2023, we received one comment that
was in support of the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the fireworks display.
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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. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Buffalo (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this July 29, 2023 display will be a
safety concern for anyone within a 140yard radius of the barge. The purpose of
this rule is to ensure safety of vessels
and the navigable waters in the safety
zone before, during, and after the
scheduled event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment in support of our NPRM
published June 21, 2023. There are no
changes in the regulatory text of this
rule from the proposed rule in the
NPRM.
This rule establishes a safety zone that
will be enforced from 9 p.m. through
10:30 p.m. on July 29, 2023. The safety
zone will cover all navigable waters
within 140 yards of a barge in
Henderson Harbor located
approximately 1500-yards north of the
town boat ramp located on the southern
shore of Henderson Harbor in
Henderson Harbor, NY. The duration of
the zone is intended to ensure the safety
of vessels and these navigable waters
before, during, and after the scheduled
9 p.m. through 10:30 p.m. fireworks
display. No vessel or person will be
permitted to enter the safety zone
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
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
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Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Rules and Regulations
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This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
Vessel traffic would be able to safely
transit around this safety zone which
would impact a small designated area of
Henderson Bay for less than 2 hour
during the evening when vessel traffic is
normally low. Moreover, the Coast
Guard would issue a Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the zone, and the rule would
allow vessels to seek permission to enter
the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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 safety
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please 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
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employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of Government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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
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48735
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 safety
zone lasting 1.5 hours that would
prohibit entry within 140 yards of a
fireworks barge. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble. We
prepare a preliminary REC for these
types of field regulations because the
DHS Instruction Manual (and U.S. Coast
Guard Environmental Planning
Implementing Procedures) direct that a
REC be prepared for these specified
field regulations when certain
conditions apply—see L59(a), L60(a),
and L60(d).
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 165
Harbors, marine safety, navigation
(water), reporting and recordkeeping
requirements, security measures,
waterways.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 1.03.
2. In § 165.939, amend Table 165.939,
by adding entry (b)(34) to read as
follows:
■
§ 165.939 Safety Zones; Annual Events in
the Captain of the Port Buffalo Zone.
*
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*
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48736
Federal Register / Vol. 88, No. 144 / Friday, July 28, 2023 / Rules and Regulations
Location 1
Event
Enforcement date and time 2
(b) July Safety Zones
*
*
(34) Christmas in July Fireworks ...
*
*
*
Henderson Harbor, NY. All waters within a 420-foot radius of the
barge at position 43°86′66″ N, 076°20′97″ W in Henderson Harbor,
NY.
*
*
On or around the last weekend of
July.
1 All
coordinates listed in Table 165.xxx reference Datum NAD 1983.
noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones 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 21, 2023.
Sean M. Murray,
Commmander, U.S. Coast Guard, Alternate
Captain of the Port Buffalo.
[FR Doc. 2023–16018 Filed 7–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 5b
RIN 0970–AC92
Privacy Act; Implementation
Office of Child Support
Enforcement (OCSE), Administration for
Children and Families (ACF), U.S.
Department of Health and Human
Services (HHS or the Department).
ACTION: Final rule.
AGENCY:
HHS exempts certain records
in an existing system of records
maintained by OCSE within ACF from
the accounting, access, and amendment
requirements of the Privacy Act. The
affected system of records is OCSE
Federal Case Registry of Child Support
Orders, HHS/ACF/OCSE, System No.
09–80–0385. Only case files marked
with the Family Violence Indicator
(FVI) will be exempted, to align with a
restriction in section 453(b)(2) of the
Social Security Act which prohibits
disclosure of case files marked with the
FVI to anyone other than a court or
agent of a court, to avoid harm to the
custodial parent or the child of such
parent.
SUMMARY:
DATES:
This rule is effective on July 28,
2023.
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FOR FURTHER INFORMATION CONTACT:
Tricia John, Policy Specialist, OCSE
Division of Policy and Training, at
ocse.dpt@acf.hhs.gov. Deaf and hearingimpaired individuals may call the
Federal Dual Party Relay Service at 1–
800–877–8339 between 8 a.m. and 7
p.m. Eastern Time.
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SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This rule is published under the
authority granted to the Secretary of
Health and Human Services by the
Privacy Act (5 U.S.C. 552a(k)(2)), to
allow the head of any agency to exempt
a system of records from the access,
amendment, or accountings of
disclosures provisions of the Privacy
Act (5 U.S.C. 552a(c)(3) and (d)(1)
through (4)) ‘‘if the system of records
is—investigatory material compiled for
law enforcement purposes.’’ 5 U.S.C.
552a(k)(2)
II. Background
The Privacy Act of 1974, as amended,
5 U.S.C. 552a (hereafter abbreviated
‘‘Privacy Act’’ or ‘‘Act’’), governs how
the U.S. Government collects,
maintains, uses, and disseminates
records about individuals that are
maintained in a ‘‘system of records.’’ A
system of records is a group of any
records under the control of an agency
from which information about an
individual is retrieved by the name of
the individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual.
See 5 U.S.C. 552a(a)(4) and (5).
Under the Privacy Act, individuals
have access and amendment rights with
respect to records about them in a
federal agency system of records, and
the right to seek an accounting of certain
disclosures made of the records about
them, but the Act permits certain types
of systems of records (identified in
subsections (j) and (k) of the Act) to be
exempted from those, and other,
requirements of the Act. Subsection
(k)(2) permits the head of an agency to
promulgate rules to exempt
investigatory material compiled for law
enforcement purposes from
requirements including those listed in 5
U.S.C. 552a(c)(3) and (d)(1) through
(4)—subject to a limitation stated in 5
U.S.C. 552a(k)(2). The limitation is that
if, as a result of the agency’s
maintenance of the material, the subject
individual is denied any right, privilege,
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or benefit that the individual would
otherwise be entitled by federal law or
for which the individual would
otherwise be eligible, the exemptions
will apply only to confidential source
identifying material (i.e., material that
would reveal the identity of a source
who furnished information to the
Government under an express promise
that the identity of the source would be
held in confidence).
The exempted system, OCSE Federal
Case Registry of Child Support Orders,
HHS/ACF/OCSE, System No. 09–80–
0385 (hereafter abbreviated ‘‘FCR’’), is a
Privacy Act system containing
investigatory material compiled for law
enforcement purposes. The system of
records was established August 24, 1998
(see 63 FR 45080) and was last modified
in full on September 13, 2022 (see 87 FR
56055). FCR records are compiled to
assist states in administering programs
under 42 U.S.C. 651 to 669b (title IV–
D of the Social Security Act) to improve
states’ abilities to locate parents and
collect child support. OCSE is required
to compare records transmitted to or
maintained within the FCR to records
maintained within HHS/ACF’s National
Directory of New Hires and other federal
agencies’ databases and to disclose
information about the individuals
within the records to state child support
agencies or other authorized persons.
The information in the FCR assists state
child support agencies or other
authorized persons to locate individuals
who are involved in child support cases
and their employment and asset
information. The FCR also conducts
FCR-to-FCR comparisons to locate
information about individuals who are
involved in child support cases in more
than one state and provides the
information to those states. Additional
purposes of the FCR are specified in
sections 453 and 463 of the Social
Security Act (42 U.S.C. 653, 663) and
include assisting states in administering
programs under 42 U.S.C. 601 to 619
(title IV–A of the Social Security Act);
assisting states in carrying out their
responsibilities under child and family
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]]>Agencies
[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48734-48736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16018]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0309]
RIN 1625-AA00
Safety Zone; Henderson Bay, Henderson Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a permanent safety zone for
certain waters of Henderson Harbor. This action is necessary to provide
for the safety of life on these navigable waters near Henderson Harbor,
Henderson, NY, during a fireworks display and annual reoccurrences of
this event. This regulation prohibits persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Buffalo or
a designated representative.
DATES: This rule is effective without actual notice July 28, 2023. For
the purposes of enforcement, actual notice will be used from 9:30
through 10 p.m. on July 29, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0309 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
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 Information and Regulatory History
On March 6, 2023, the Henderson Business and Community Council
notified the Coast Guard that it will be conducting a fireworks display
from 9:30 through 10 p.m. on July 29, 2023, For the Christmas in July
Celebration. The fireworks are to be launched from a barge in Henderson
Bay approximately 1500 yards north of the town boat ramp located on the
southern shore of Henderson Harbor in Henderson Harbor, NY. Hazards
from firework displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port Buffalo (COTP) has determined that potential
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within a 140-yard radius of the barge.
In response, on June 21, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Henderson Bay, Henderson
Harbor, NY (88 FR 40134). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended July 21, 2023,
we received one comment that was in support of the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the fireworks
display.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Buffalo
(COTP) has determined that potential hazards associated with the
fireworks to be used in this July 29, 2023 display will be a safety
concern for anyone within a 140-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment in support of our NPRM
published June 21, 2023. There are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
This rule establishes a safety zone that will be enforced from 9
p.m. through 10:30 p.m. on July 29, 2023. The safety zone will cover
all navigable waters within 140 yards of a barge in Henderson Harbor
located approximately 1500-yards north of the town boat ramp located on
the southern shore of Henderson Harbor in Henderson Harbor, NY. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 9 p.m.
through 10:30 p.m. fireworks display. No vessel or person will be
permitted to enter the safety zone 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 Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
[[Page 48735]]
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of Henderson Bay for less than 2 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
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 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
safety zone lasting 1.5 hours that would prohibit entry within 140
yards of a fireworks barge. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We prepare a preliminary REC for these types of field
regulations because the DHS Instruction Manual (and U.S. Coast Guard
Environmental Planning Implementing Procedures) direct that a REC be
prepared for these specified field regulations when certain conditions
apply--see L59(a), L60(a), and L60(d).
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 165
Harbors, marine safety, navigation (water), reporting and
recordkeeping requirements, security measures, waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 1.03.
0
2. In Sec. 165.939, amend Table 165.939, by adding entry (b)(34) to
read as follows:
Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.
* * * * *
[[Page 48736]]
------------------------------------------------------------------------
Enforcement date
Event Location \1\ and time \2\
------------------------------------------------------------------------
(b) July Safety Zones
------------------------------------------------------------------------
* * * * * * *
(34) Christmas in July Henderson Harbor, NY. On or around the
Fireworks. All waters within a last weekend of
420-foot radius of July.
the barge at position
43[deg]86'66'' N,
076[deg]20'97'' W in
Henderson Harbor, NY.
------------------------------------------------------------------------
\1\ All coordinates listed in Table 165.xxx reference Datum NAD 1983.
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
and times for each of the listed safety zones 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 21, 2023.
Sean M. Murray,
Commmander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-16018 Filed 7-27-23; 8:45 am]
BILLING CODE 9110-04-P
