Safety Zone; Oswego River, Oswego, NY, 80589-80591 [2023-25582]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
PART 35—PANDEMIC RELIEF
PROGRAMS
DEPARTMENT OF HOMELAND
SECURITY
Subpart A—Coronavirus State and
Local Fiscal Recovery Funds
Coast Guard
33 CFR Part 165
1. The authority citation for part 35,
subpart A continues to read as follows:
[Docket Number USCG–2023–0865]
Authority: 42 U.S.C. 802(f); 42 U.S.C.
803(f); section 102(c) of Division LL of the
Consolidated Appropriations Act, 2023 (Pub.
L. 117–328).
Safety Zone; Oswego River, Oswego,
NY
■
2. Amend § 35.3 by adding a new
sentence at the end of the definition of
‘‘Obligation’’ to read as follows:
■
§ 35.3
Definitions.
*
*
*
*
*
Obligation * * * An obligation also
means a requirement under federal law
or regulation or provision of the award
terms and conditions to which a
recipient becomes subject as a result of
receiving or expending funds.
*
*
*
*
*
■
3. Revise § 35.5(c) to read as follows:
§ 35.5
Use of funds.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(c) Return of funds. A recipient must
return any funds that have not been
obligated by December 31, 2024,
pursuant to orders placed for property
and services or entry into contracts,
subawards, and similar transactions that
require payment other than funds in the
amount reported to Treasury by April
30, 2024, as the estimate of funds that
the recipient will expend to comply
with a requirement under federal law or
regulation or provision of the award
terms and conditions to which a
recipient becomes subject as a result of
receiving or expending funds. A
recipient must return funds obligated
for a use identified in § 35.6(b) through
(g) by December 31, 2024, but not
expended by December 31, 2026. A
recipient must return funds obligated
for a use identified in § 35.6(h) by
December 31, 2024, but not expended
by September 30, 2026. A recipient
must return funds in the amount
reported to Treasury by April 30, 2024,
as referenced above, but not expended
by December 31, 2026, other than
administrative expenses necessary to
close out the award.
Jessica A. Milano,
Chief Recovery Officer, Office of Recovery
Programs.
[FR Doc. 2023–25067 Filed 11–17–23; 8:45 am]
BILLING CODE 4810–AK–P
VerDate Sep<11>2014
16:15 Nov 17, 2023
Jkt 262001
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters within a 210-foot
radius of a pedestrian bridge and the
surrounding Oswego River in Oswego,
NY. The safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by a fireworks display. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Sector Buffalo.
DATES: This rule is effective from 5:15
p.m. through 6:45 p.m. November 25,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0865 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 on this rule, call or
email LT William Kelley, Waterways
Management at Sector Buffalo, U.S.
Coast Guard; telephone 716–843–9343,
email D09-SMB-SECBuffalo-WWM@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
80589
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
event sponsor did not submit notice of
the fireworks display to the Coast Guard
with sufficient time remaining before
the event to publish an NPRM. Delaying
the effective date of this rule to wait for
a comment period to run would be
impracticable and contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect spectators and vessels
from the hazards associated with this
fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30-day notice period to run
would be impracticable and contrary to
the public interest.
III. Legal Authority and Need for Rule
The 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 (COTP) Buffalo has
determined that fireworks over the
water presents significant risks to public
safety and property. This rule is needed
to protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone while the
fireworks display is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone
from 5:15 p.m. through 6:45 p.m. on
November 25, 2023. The safety zone
will cover all navigable waters within a
210-foot radius of land launched
fireworks over the Oswego River in
Oswego, NY. The duration of the zone
is intended to protect spectators,
vessels, and the marine environment in
these navigable waters during the
fireworks display. No vessel or person
will be permitted to enter the safety
zone without obtaining permission from
the COTP Buffalo 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
E:\FR\FM\20NOR1.SGM
20NOR1
80590
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
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 safety zone. The
safety zone will encompass a 210-foot
radius of land launched fireworks in the
Oswego River, in Oswego, NY, lasting
approximately 1.5 hours 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 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
VerDate Sep<11>2014
16:15 Nov 17, 2023
Jkt 262001
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
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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 approximately 1.5 hours
that will prohibit entry within a 210foot radius on the Oswego River, in
Oswego, NY. for a fireworks display. 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.
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 amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T09–0865 to read as
follows:
■
§ 165.T09–0865
River, NY.
Safety Zone; Oswego
(a) Location. The following area is a
safety zone: All waters of the Oswego
River, from surface to bottom,
encompassed by a 210-foot radius
around 43°27′15.18″ N 76°30′27.89″ W.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Buffalo (COTP) in the
enforcement of the safety zone.
E:\FR\FM\20NOR1.SGM
20NOR1
Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the COTP Buffalo or a
designated representative.
(2) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP Buffalo or their
designated representative to obtain
permission to do so. The COTP Buffalo
or their designated representative may
be contacted via VHF Channel 16.
Vessel operators given permission to
enter or operate in the safety zone must
comply with all directions given to
them by the COTP Buffalo, or their
designated representative.
(d) Enforcement period. The regulated
area described in paragraph (a) is
effective from 5:15 p.m. through 6:45
p.m. on November 25, 2023.
Dated: November 9, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2023–25582 Filed 11–17–23; 8:45 am]
BILLING CODE 9110–04–P
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0385]
RIN 1625–AA87
Security Zone; Helicopter Crash, Read
Island, AK
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary security zone
for all navigable waters within a 2
nautical miles radius of Read Island,
AK, centered at Latitude: 57°06′48.3″ N,
Longitude: 133°11′43.4″ W, where a
MH–60 Jayhawk Helicopter crashed
(CG–6016), early on Tuesday, November
14, 2023. This security zone is needed
to protect and preserve the crash site of
the MH–60 Helicopter wreck. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port,
Sector Southeast Alaska or a designated
representative.
DATES: This rule is effective without
actual notice from November 20, 2023,
through January 13, 2024. For the
purposes of enforcement, actual notice
will be used from November 14, 2023,
through November 20, 2023.
ddrumheller on DSK120RN23PROD with RULES1
VerDate Sep<11>2014
16:15 Nov 17, 2023
Jkt 262001
If
you have questions about this rule, call
or email LT Catherine E. Cavender,
Sector Southeast Alaska Waterways
Management Division, U.S. Coast
Guard; telephone 907–463–2846, email
Catherine.E.Cavender@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
COTP Captain of the Port Sector Southeast
Alaska
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
NM Nautical Miles
COTP Captain of the Port
DNR Alaska Department of Natural
Resources
II. Background Information and
Regulatory History
DEPARTMENT OF HOMELAND
SECURITY
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0385 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
On November 14, 2023, a Coast Guard
MH–60 Jayhawk Helicopter crashed on
Read Island, AK, while responding to a
disabled vessel. The MH–60 helicopter
is still on Read Island and must remain
in place for the appropriate
investigations and hazardous materials
cleanup to take place. The purpose of
the temporary security zone is to
facilitate the security and preserve the
crash site of the MH–60 helicopter.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
immediate action is needed to facilitate
the ongoing investigation at the crash
site. Publishing a NRPM is
impracticable and contrary to public
interest because the security zone must
be established as soon as possible to
enhance public and maritime safety and
security and to protect personnel,
vessels, and the marine environment in
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
80591
the navigable waters within the security
zone from potential hazards created by
the MH–60 Helicopter crash site.
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 to restrict
vessel traffic is needed to protect the
MH–60 Helicopter crash site, mitigate
potential maritime threats, and enhance
maritime safety and security.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70051 and
70124. The Captain of the Port Sector
Southeast Alaska (COTP) has
determined that potential hazards
associated with ongoing salvage and
safety investigation measures, will be a
safety concern for anyone within a 2
nautical miles radius of Read Island,
centered at Latitude: 57°06′48.3″ N,
Longitude: 133°11′43.4″ W. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the security
zone from potential hazards created by
the MH–60 Helicopter crash site.
IV. Discussion of the Rule
This rule establishes a security zone
from 5 p.m. November 14, 2023, until
11:59 p.m. on January 13, 2024. The
security zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by the hazardous materials
cleanup at the MH–60 Helicopter crash
site and the ongoing safety
investigation. The security zone will
cover all navigable waters within a 2
nautical miles radius of Read Island,
centered at Latitude: 57°06′48.3″ N,
Longitude: 133°11′43.4″ W to conduct
salvage and gather evidence pursuant to
the safety investigation. The duration of
the zone is intended to protect
personnel, vessels, and the marine
environment in these navigable waters
during the hazardous materials cleanup
and during the safety investigation. No
vessel or person will be permitted to
enter the security 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.
E:\FR\FM\20NOR1.SGM
20NOR1
]]>Agencies
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80589-80591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25582]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0865]
RIN 1625-AA00
Safety Zone; Oswego River, Oswego, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 210-foot radius of a pedestrian bridge and
the surrounding Oswego River in Oswego, NY. The safety zone is needed
to protect personnel, vessels, and the marine environment from
potential hazards created by a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Buffalo.
DATES: This rule is effective from 5:15 p.m. through 6:45 p.m. November
25, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0865 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 on this rule,
call or email LT William Kelley, Waterways Management at Sector
Buffalo, U.S. Coast Guard; telephone 716-843-9343, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the event sponsor did not submit
notice of the fireworks display to the Coast Guard with sufficient time
remaining before the event to publish an NPRM. Delaying the effective
date of this rule to wait for a comment period to run would be
impracticable and contrary to the public interest by inhibiting the
Coast Guard's ability to protect spectators and vessels from the
hazards associated with this fireworks display.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30-day notice period to run
would be impracticable and contrary to the public interest.
III. Legal Authority and Need for Rule
The 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 (COTP)
Buffalo has determined that fireworks over the water presents
significant risks to public safety and property. This rule is needed to
protect personnel, vessels, and the marine environment in the navigable
waters within the safety zone while the fireworks display is taking
place.
IV. Discussion of the Rule
This rule establishes a safety zone from 5:15 p.m. through 6:45
p.m. on November 25, 2023. The safety zone will cover all navigable
waters within a 210-foot radius of land launched fireworks over the
Oswego River in Oswego, NY. The duration of the zone is intended to
protect spectators, vessels, and the marine environment in these
navigable waters during the fireworks display. No vessel or person will
be permitted to enter the safety zone without obtaining permission from
the COTP Buffalo 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
[[Page 80590]]
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 safety zone. The safety zone
will encompass a 210-foot radius of land launched fireworks in the
Oswego River, in Oswego, NY, lasting approximately 1.5 hours 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 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 approximately 1.5 hours that will prohibit entry
within a 210-foot radius on the Oswego River, in Oswego, NY. for a
fireworks display. 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.
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 amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0865 to read as follows:
Sec. 165.T09-0865 Safety Zone; Oswego River, NY.
(a) Location. The following area is a safety zone: All waters of
the Oswego River, from surface to bottom, encompassed by a 210-foot
radius around 43[deg]27'15.18'' N 76[deg]30'27.89'' W.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Buffalo (COTP) in the enforcement of the safety
zone.
[[Page 80591]]
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the COTP Buffalo or a
designated representative.
(2) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP Buffalo or their designated representative
to obtain permission to do so. The COTP Buffalo or their designated
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the COTP Buffalo, or their
designated representative.
(d) Enforcement period. The regulated area described in paragraph
(a) is effective from 5:15 p.m. through 6:45 p.m. on November 25, 2023.
Dated: November 9, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-25582 Filed 11-17-23; 8:45 am]
BILLING CODE 9110-04-P
