[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Rules and Regulations]
[Pages 23850-23854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09558]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-1084]
RIN 1625-AA00


Safety Zones; Annual Fireworks Events in the Captain of the Port 
Buffalo Zone

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending and establishing regulations 
requiring safety zones for firework events that take place annually 
within the Captain of the Port Zone Buffalo. This final rule is 
intended to amend and establish restrictions on vessel access to 
designated areas on U.S. navigable waterways during certain fireworks 
displays. The safety zones amended and established by this final rule 
are necessary to protect spectators, participants, and vessels from the 
hazards associated with fireworks displays.

DATES: This rule is effective May 23, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2012-1084]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LT Christopher Mercurio, Chief of 
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Barbara 
Hairston, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On June 18, 2008, the Coast Guard put 33 CFR 165.939 into effect, 
which established several permanent safety zones within U.S. navigable 
waters under the jurisdiction of the Captain of the Port Buffalo (73 FR 
28704). Specifically, twenty-six permanent safety zones were 
established then. These safety zones were put in place to protect the 
boating public from hazards associated with annually recurring 
fireworks displays that take place over U.S. navigable waterways. Since 
those twenty-six safety zones were established in June of 2008, the 
Coast Guard has not amended 33 CFR 165.939. On February 20, 2013, we 
published a NPRM entitled Safety Zones; Annual Fireworks Events in the 
Captain of the Port Buffalo Zone in the Federal Register (78 FR 11798). 
We received 0 comments on the proposed rule.

B. Basis and Purpose

    As stated above, 33 CFR 165.939 currently lists twenty-six 
permanent safety zones within the Captain of the Port Zone Buffalo. 
Each of these twenty-six safety zones corresponds to an annually 
recurring fireworks display. During a recent review of 33 CFR 165.939, 
it was determined that event details for seventeen recurring fireworks 
displays have changed, seven additional recurring fireworks displays 
now require that permanent safety zones be implemented, and four 
permanent safety zones require disestablishment because the 
corresponding fireworks displays have not occurred for an extended 
time. In addition, it was noted that the coordinates for the safety 
zones corresponding with the Browns Football Half time Fireworks and 
the Lorain Port Fest Fireworks are formatted differently than the other 
safety zones. Finally, it was noted that the radius of the safety zone 
associated with the Lorain Port Fest Fireworks is in yards as opposed 
to

[[Page 23851]]

feet. With the above findings in mind, the Coast Guard is amending 33 
CFR 165.939 to disestablish four safety zones; to revise the 
enforcement period, the size, and the location of seventeen other 
safety zones; and to establish seven new safety zones. Likewise, this 
rule will amend the Browns Football Half time and the Lorain Port Fest 
safety zones, to include changing the format of the coordinates and the 
radius size from yards to feet. The Captain of the Port Buffalo has 
determined that this amendment is necessary to protect spectators and 
participants from the hazards associated with maritime fireworks 
displays.

C. Discussion of Comments, Changes and the Final Rule

    As mentioned above, no comments were received from the public in 
response to the NPRM that preceded this final rule. Furthermore, there 
were no changes made between the proposed rule and this final rule. 
Thus, there are no comments and no changes to discuss.
    Just as was described in the NPRM, the Captain of the Port Buffalo 
is amending 33 CFR 165.939. Specifically, this rule will revise 33 CFR 
165.939 in its entirety. This revision will include modifications made 
to the size, location, and enforcement period for seventeen safety 
zones, the disestablishment of four safety zones, two technical 
amendments, and the establishment of seven additional safety zones. In 
total, after this rule goes into effect, 33 CFR 165.939 will contain a 
total of twenty-nine permanent safety zones. Although this rule will 
remain in effect year round, the safety zones within it will be 
enforced only immediately before, during, and after each corresponding 
event.
    The Captain of the Port Buffalo will use all appropriate means to 
notify the public when the zones in this proposal will be enforced. 
Consistent with 33 CFR 164.7(a), such means of notification may 
include, among other things, publication in the Federal Register and 
Broadcast Notice to Mariners notifying the public when enforcement of a 
safety zones in this section is in effect and when cancelled.
    Entry into, transiting, or anchoring within the safety zones is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
on-scene representative. The Captain of the Port or his on-scene 
representative may be contacted via VHF Channel 16.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that it will 
have minimal impact on the economy, will not interfere with other 
agencies, will not adversely alter the budget of any grant or loan 
recipients, and will not raise any novel legal or policy issues. The 
safety zones contained in this rule will be relatively small and 
enforced for relatively short time. Also, the safety zones are designed 
to minimize their impact on navigable waters. Furthermore, the safety 
zones have been designed to allow vessels to transit around them. Thus, 
restrictions on vessel movement within the particular areas are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit through a safety zone when permitted by the Captain of 
the Port Buffalo.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. The Coast Guard 
received 0 comments from the Small Business Administration on this 
rule. 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.
    This rule would affect the following entities, some of which might 
be small entities: The owners and operators of vessels intending to 
transit or anchor in any one of the below safety zones while the safety 
zone is being enforced. The below safety zones will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: Each safety zone in this rule will be in 
effect for only a few hours within any given 24 hour period. Each of 
the safety zones will be in effect only once per year. Furthermore, 
these safety zones have been designed to allow traffic to pass safely 
around each zone. Moreover, vessels will be allowed to pass through 
each zone at the discretion of the Captain of the Port Buffalo, or his 
or her designated representative.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

3. Assistance for Small Entities

    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 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above. 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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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 would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

[[Page 23852]]

7. Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

9. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and would not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

11. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule involves the establishment 
and disestablishment of safety zones and, therefore it is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. A preliminary environmental analysis checklist 
supporting this determination and a preliminary Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping 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:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Revise Sec.  165.939 to read as follows:


Sec.  165.939  Safety Zones; Annual Fireworks Events in the Captain of 
the Port Buffalo Zone.

    (a) Safety Zones. The following are designated as safety zones:
    (1) Boldt Castle 4th of July Fireworks, Heart Island, NY. (i) 
Location. All U.S. waters of the Saint Lawrence River within a 1,120 
foot radius of land position 44[deg]20'38.5'' N, 075[deg]55'19.1'' W 
(NAD 83) at Heart Island, NY.
    (ii) Enforcement Date and Time. From 8:30 p.m. to 10:30 p.m. on 
July 4 of each year.
    (2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY. (i) 
Location. All U.S. waters of the Saint Lawrence River within an 840 
foot radius of land position 44[deg]15'04'' N, 076[deg]05'40'' W (NAD 
83) at Calumet Island, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 11:30 p.m. on 
July 3 of each year.
    (3) French Festival Fireworks, Cape Vincent, NY. (i) Location. All 
U.S. waters of the Saint Lawrence River within an 840 foot radius of 
land position 44[deg]07'54.6'' N, 076[deg]20'01.3'' W (NAD 83) in Cape 
Vincent, NY.
    (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on the 
second weekend of July each year.
    (4) Lyme Community Days, Chaumont, NY. (i) Location. All U.S. 
waters of Chaumont Bay within a 560 foot radius of position 
44[deg]04'06.3'' N, 076[deg]08'56.8'' W (NAD 83) in Chaumont, NY.
    (ii) Enforcement Date and Time. From 8:30 p.m. to 11:00 p.m. on the 
fourth weekend of July each year.
    (5) Village Fireworks, Sackets Harbor, NY. (i) Location. All U.S. 
waters of Black River Bay within an 840 foot radius of position 
43[deg]56'51.9'' N, 076[deg]07'46.9'' W (NAD 83) in Sackets Harbor, NY.
    (ii) Enforcement Date and Time. From 8:30 p.m. to 10:30 p.m. on 
July 4 each year.
    (6) Can-Am Festival, Sackets Harbor, NY. (i) Location. All U.S. 
waters of Black River Bay within a 1,120 foot radius of position 
43[deg]57'15.9'' N, 076[deg]06'39.2'' W (NAD 83) in Sackets Harbor, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:45 p.m. on the 
third weekend of July each year.
    (7) Oswego Harborfest, Oswego, NY. (i) Location. All U.S. waters of 
Lake Ontario within a 1,000 foot radius of position 43[deg]28'10'' N, 
076[deg]31'04'' W (NAD 83) in Oswego, NY.
    (ii) Enforcement Date and Time. From 9:00 to 10:30 p.m. on the last 
Saturday of July each year.
    (8) Brewerton Fireworks, Brewerton, NY. (i) Location. All U.S. 
waters of Lake Oneida within an 840 foot radius of barge position 
43[deg]14'16.4'' N, 076[deg]08'03.6'' W (NAD 83) in Brewerton, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on 
July 3 of each year.
    (9) Celebrate Baldwinsville Fireworks, Baldwinsville, NY. (i) 
Location. All U.S. waters of the Seneca River within a 700 foot radius 
of land position 43[deg]09'24.9'' N, 076[deg]20'18.9'' W (NAD 83) in 
Baldwinsville, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 11:00 p.m. on the 
first weekend of July each year.
    (10) Island Festival Fireworks, Baldwinsville, NY. (i) Location. 
All U.S. waters of the Seneca River within a 1,120 foot radius of land 
position 43[deg]09'22'' N, 076[deg]20'15'' W (NAD 83) in Baldwinsville, 
NY.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on the 
first weekend of July each year.
    (11) Seneca River Days, Baldwinsville, NY. (i) Location. All U.S. 
waters of the Seneca River within an 840 foot radius of land position 
43[deg]09'25'' N, 076[deg]20'21'' W (NAD 83) in Baldwinsville, NY.
    (ii) Enforcement Date and Time. From 9 p.m. to 10:30 p.m. on the 
second weekend of July each year.
    (12) City of Syracuse Fireworks Celebration, Syracuse, NY. (i) 
Location.

[[Page 23853]]

All U.S. waters of Onondaga Lake within a 350 foot radius of land 
position 43[deg]03''37' N, 076[deg]09''59' W (NAD 83) in Syracuse, NY.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 10:30 p.m. on the 
last weekend of June each year.
    (13) Tom Graves Memorial Fireworks, Port Bay, NY. (i) Location. All 
U.S. waters of Port Bay within an 840 foot radius of barge position 
43[deg]18''14.8' N, 076[deg]50''17.3' W (NAD 83) in Port Bay, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on 
July 3 of each year.
    (14) Village Fireworks, Sodus Point, NY. (i) Location. All U.S. 
waters of Sodus Bay within a 1,120 foot radius of land position 
43[deg]16''28.7'; N, 076[deg]58''27.5' W (NAD 83) in Sodus Point, NY.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 10:30 p.m. on 
July 3 of each year.
    (15) Rochester Harbor and Carousel Festival, Rochester, NY. (i) 
Location. All U.S. waters of Lake Ontario within a 1,120 foot radius of 
land position 43[deg]15''40.2' N, 077[deg]36''05.1' W (NAD 83) in 
Rochester, NY.
    (ii) Enforcement Date and Time. From 8:00 p.m. to 10:00 p.m. on the 
fourth Monday of June each year.
    (16) A Salute to our Heroes, Hamlin Beach State Park, NY. (i) 
Location. All U.S. waters of Lake Ontario within a 560 foot radius of 
land position 43[deg]21''51.9' N, 077[deg]56''59.6' W (NAD 83) in 
Hamlin, NY.
    (ii) Enforcement Date and Time. From 9:45 p.m. to 11:30 p.m. on the 
first weekend of July each year.
    (17) Olcott Fireworks, Olcott, NY. (i) Location. All U.S. waters of 
Lake Ontario within a 1,120 foot radius of land position 
43[deg]20''23.6' N, 078[deg]43''09.5' W (NAD 83) in Olcott, NY.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on 
July 3 of each year.
    (18) North Tonawanda Fireworks, North Tonawanda, NY. (i) Location. 
All U.S. waters of the East Niagara River within a 1,400 foot radius of 
land position 43[deg]01''39.6' N, 078[deg]53''07.5' W (NAD 83) in North 
Tonawanda, NY.
    (ii) Enforcement Date and Time. From 8:45 p.m. to 10:15 p.m. on 
July 4 of each year.
    (19) Tonawanda's Canal Fest Fireworks, Tonawanda, NY. (i) Location. 
All U.S. waters of the East Niagara River within a 210 foot radius of 
land position 43[deg]01''17.8' N, 078[deg]52''40.9' W (NAD 83) in 
Tonawanda, NY.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on the 
fourth Sunday of July each year.
    (20) Celebrate Erie Fireworks, Erie, PA. (i) Location. All U.S. 
waters of Presque Isle Bay within an 800 foot radius of land position 
42[deg]08''19' N, 080[deg]05''29' W (NAD 83) in Erie, PA.
    (ii) Enforcement Date and Time. From 9:45 p.m. to 10:30 p.m. on the 
third weekend of August each year.
    (21) Conneaut Fourth of July Fireworks, Conneaut, OH. (i) Location. 
All U.S. waters of Lake Erie within an 840 foot radius of position 
41[deg]58'01.3'' N, 080[deg]33'39.5'' W (NAD 83) in Conneaut, OH.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 11:30 p.m. on the 
first weekend of July each year.
    (22) Fairport Harbor Mardi Gras, Fairport, OH. (i) Location. All 
U.S. waters of Lake Erie within a 350 foot radius of land position 
41[deg]45'30'' N, 081[deg]16'18'' W (NAD 83) east of the harbor 
entrance at Fairport Harbor Beach, OH.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. at the 
beginning of the second week of July each year.
    (23) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH. (i) 
Location. All U.S. waters of Lake Erie and Mentor Harbor within a 700 
foot radius of land position 41[deg]43'36'' N, 081[deg]21'09'' W (NAD 
83) in Mentor Harbor, OH.
    (ii) Enforcement Date and Time. From 9:00 p.m. to 10:30 p.m. on 
July 3 of each year.
    (24) Browns Football Halftime Fireworks, Cleveland, OH. (i) 
Location. All U.S. waters of Cleveland Harbor and Lake Erie beginning 
in approximate land position 41[deg]30'49.4'' N, 081[deg]41'37.2'' W 
(the northwest corner of Burke Lakefront Airport); continuing northwest 
to 41[deg]31'10.6'' N, 081[deg]41'53.0''W; then southwest to 
41[deg]30'48.6'' N, 081[deg]42'30.9'' W (the northwest corner of dock 
28 at the Cleveland Port Authority) then northeast back to the starting 
point at 41[deg]30'49.4'' N, 081[deg]41'37.2'' W (NAD 83).
    (ii) Enforcement Date and Time. On a Sunday during the second or 
third Cleveland Browns home game each year.
    (25) City of Cleveland 4th of July, Cleveland, OH. (i) Location. 
All U.S. waters of Lake Erie and Cleveland Harbor within a 1,000 foot 
radius of land position 41[deg]30'10'' N, 081[deg]42'36'' W (NAD 83) at 
Dock 20 in Cleveland, OH.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on 
July 4 of each year.
    (26) Cleveland Yachting Club Fireworks Display, Rocky River, OH. 
(i) Location. All U.S. waters of the Rocky River and Lake Erie within a 
560 foot radius of land position 41[deg]29'25.7'' N, 081[deg]50'18.5'' 
W (NAD 83), at Sunset Point on the western side of the mouth of the 
Rocky River in Cleveland, OH.
    (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on the 
second Thursday of July each year.
    (27) Sheffield Lake Fireworks, Sheffield Lake, OH. (i) Location. 
All U.S. waters of Lake Erie within a 700 foot radius of land position 
41[deg]29'26.2'' N, 082[deg]06'47.7'' W (NAD 83), at the lake front 
area in Sheffield Lake, OH.
    (ii) Enforcement Date and Time. From 9:30 p.m. to 11:00 p.m. on the 
second Friday of July each year.
    (28) Lorain 4th of July Celebration Fireworks, Lorain, OH. (i) 
Location. All U.S. waters of Lorain Harbor within a 1,400 foot radius 
of land position 41[deg]28'35.5'' N, 082[deg]10'51.3'' W (NAD 83), east 
of the harbor entrance on the end of the break wall near Spitzer's 
Marina.
    (ii) Enforcement Date and Time. From 9:15 p.m. to 11:00 p.m. on 
July 3 or 4 of each year.
    (29) Lorain Port Fest Fireworks Display, Lorain, OH. (i) Location. 
All U.S. waters of Lorain Harbor within a 750 foot radius of land 
position 41[deg]28'02.4'' N, 082[deg]10'21.9'' W (NAD 83) in Lorain, 
OH.
    (ii) Enforcement Date and Time. From 9:45 p.m. to 11:00 p.m. on the 
third weekend of July each year.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative means any Coast Guard Commissioned, 
Warrant, or Petty Officer designated by the Captain of the Port Buffalo 
to monitor a safety zone, permit entry into the zone, give legally 
enforceable orders to persons or vessels within the zones, and take 
other actions authorized by the Captain of the Port.
    (2) Public vessels means vessels owned, chartered, or operated by 
the United States or by a State or political subdivision thereof.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within any of the safety zones contained in this section during a 
period of enforcement is prohibited unless authorized by the Captain of 
the Port Buffalo or his designated on-scene representative.
    (2)(i) These safety zones are closed to all vessel traffic, except 
as may be permitted by the Captain of the Port or his designated 
representative.
    (ii) All persons and vessels must comply with the instructions of 
the Captain of the Port Buffalo or his designated representative.

[[Page 23854]]

    (iii) Upon being hailed by the Coast Guard by siren, radio, 
flashing light or other means, the operator of a vessel shall proceed 
as directed.
    (3)(i) All vessels must obtain permission from the Captain of the 
Port or his designated representative to enter or move within any 
safety zone established in this section when the safety zone is 
enforced.
    (ii) Vessels and persons granted permission to enter a safety zone 
must obey all lawful orders or directions of the Captain of the Port or 
a designated representative.
    (iii) While within a safety zone, all vessels must operate at the 
minimum speed necessary to maintain a safe course.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this 
section, are exempt from the requirements in this section.
    (e) Waiver. Upon finding that operational conditions or other 
circumstances are such that application of this section is unnecessary 
or impractical, the Captain of the Port Buffalo or his designated 
representative may waive any of the requirements of this section for 
any vessel.
    (f) Notification. The Captain of the Port Buffalo will notify the 
public when the zones in this section will be enforced by all 
appropriate means In keeping with 33 CFR 165.7(a), such means of 
notification may include, but are not limited to Broadcast Notice to 
Mariners or Local Notice to Mariners and publication of Notices of 
Enforcement in the Federal Register. The Captain of the Port will issue 
a Broadcast Notice to Mariners notifying the public when enforcement of 
the safety zones established by this section are in effect and when 
they are cancelled.

    Dated: April 10, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2013-09558 Filed 4-22-13; 8:45 am]
BILLING CODE 9110-04-P