[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29684-29685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13666]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0078]
RIN 1625-AA00


Safety Zone; Officer Lehner Memorial Vintage Regatta; Buffalo 
Outer Harbor, Buffalo, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters on the Buffalo Outer Harbor, Buffalo, NY. This safety 
zone is intended to restrict vessels from portions of the Buffalo Outer 
Harbor during the Officer Lehner Memorial Vintage Regatta. This 
temporary safety zone is necessary to protect mariners and vessels from 
the navigational hazards associated with this regatta. Entry of vessels 
or persons into this zone is prohibited unless specifically authorized 
by the Captain of the Port Buffalo.

DATES: This rule is effective from 9:45 a.m. until 4:15 p.m. on July 1, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0078 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Michael Collet, Chief of Waterways Management, U.S. 
Coast Guard Sector Buffalo; telephone 716-843-9322, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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 December 27, 2017, the Buffalo Vintage Boat Racing Association 
and BR Guest Inc., notified the Coast Guard that it will be conducting 
a regatta on July 1, 2018, from 10:00 a.m. until 4:00 p.m. on the 
Buffalo Outer Harbor. In response, on April 25, 2018, the Coast Guard 
published a notice of proposed rulemaking (NPRM) titled Officer Lehner 
Memorial Vintage Regatta; Buffalo Outer Harbor, Buffalo, NY (83 FR 
17962, April 25, 2018). There we stated why we issued the NPRM, and 
invited comments on our proposed regulatory action related to this 
regatta. During the comment period that ended May 25, 2018, we received 
no relevant comments.
    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 would 
be contrary to the rule's objectives of ensuring safety of life on the 
navigable waters and protection of persons and vessels in the vicinity 
of the planned regatta.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo (COTP) has determined the Officer 
Lehner Memorial Vintage Regatta presents significant risks to the 
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 regatta takes place.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no relevant comments on our NPRM 
published April 25, 2018. There are no changes in the regulatory text 
of this rule from the proposed rule in the NPRM.
    This rule establishes a safety zone on July 1, 2018 from 9:45 a.m. 
until 4:15 p.m. The safety zone will encompass all navigable waters at 
the start point at position 42[deg]52'04'' N, 078[deg]53'03'' W, then 
South to 42[deg]51'07'' N, 078[deg]52'09'' W (NAD 83) on the Outer 
Harbor in Buffalo, NY. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters before, during, and 
after the scheduled 10:00 a.m. to 4:00 p.m. regatta.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the conclusion 
that this rule is not a significant regular action. Vessel traffic will 
be able to safely transit around this safety zone, which impacts a 
small designated area of the Buffalo Outer Harbor, by transiting a 
short distance in Lake Erie. The safety zone will also have built in 
times where vessels will be able to transit through the regatta area 
during event breaks. Moreover, the Coast Guard will issue a Broadcast 
Notice to Mariners via VHF-FM marine channel 16 about the zone, and the 
rule will 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.

[[Page 29685]]

    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 
contact 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this 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 and Commandant Instruction M16475.1D, 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 
establishes a temporary safety zone. 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. 01. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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:  33 U.S.C. 1231; 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. 
0170.1.


0
2. Add Sec.  165.T09-0078 to read as follows:


Sec.  165.T09-0078   Safety Zone; Officer Lehner Memorial Vintage 
Regatta; Buffalo Outer Harbor, Buffalo, NY.

    (a) Location. The safety zone will encompass all waters of the 
Outer Harbor, Buffalo, NY, starting at position 42[deg]52'04'' N, 
078[deg]53'03'' W then South to 42[deg]51'07'' N, 078[deg]52'09'' W 
(NAD 83). The course will extend a minimum of 100 yards from the shore 
and the breakwall.
    (b) Enforcement period. This rule will be enforced from 9:45 a.m. 
until 4:15 p.m. on July 1, 2018.
    (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 Captain of the Port Buffalo 
(COTP) or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or his designated on-scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard 
commissioned, warrant or petty officer who has been designated by the 
COTP to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP Buffalo or his on-scene representative to 
obtain permission to do so. The COTP or his on-scene representative may 
be contacted via VHF Channel 16 or at (716) 843-9322. Vessel operators 
given permission to enter or operate in the safety zone must comply 
with all directions given to them by the COTP or his on-scene 
representative.

    Dated: June 20, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-13666 Filed 6-25-18; 8:45 am]
 BILLING CODE 9110-04-P