[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Proposed Rules]
[Pages 17756-17758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08416]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 81 / Friday, April 26, 2019 /
Proposed Rules
[[Page 17756]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0121]
RIN 1625-AA00
Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend its safety zones regulation
for Annual Events in the Captain of the Port Buffalo Zone. This
proposed amendment adds eight new permanent safety zones. These
amendments and additions are necessary to protect spectators,
participants, and vessels from the hazards associated with annual
maritime events, including fireworks displays, boat races, and air
shows. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before May 28, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0121 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Sean Dolan, 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
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The legal basis for this proposed rule is the Coast Guard's
authority to establish safety zones: 46 U.S.C. 70034, 70051; 33 CFR
1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland Security
Delegation No. 0170.1.
The purpose of this rulemaking is to update the safety zones in
Sec. 165.939 to ensure accuracy of times, dates, and dimensions for
various triggering and marine events that are expected to be conducted
within the Captain of the Port Buffalo Zone throughout the year. The
purpose of the rulemaking is also to protect vessels and persons from
the specific hazards related to the aforementioned events. These
specific hazards include obstructions in the waterway that may cause
marine casualties; collisions among vessels maneuvering at a high speed
within a channel; the explosive dangers involved in pyrotechnics and
hazardous cargo; and flaming/falling debris into the water that may
cause injuries.
III. Discussion of Proposed Rule
This proposed rule adds eight new safety zones to Table 165.939
within Sec. 165.939 for annually reoccurring events in the Captain of
the Port Buffalo Zone. These eight zones were approved and published in
the Federal Register as temporary safety zones and were added in order
to protect the public from the safety hazards previously described. A
list of additions are available in the attachments within this Docket.
The Captain of the Port Buffalo has determined that the safety
zones in this proposed rule are necessary to protect the safety of
vessels and people during annual marine or triggering events in the
Captain of the Port Buffalo zone. Although this proposed rule will be
effective year-round, the safety zones in this proposed rule will be
enforced only immediately before, during, and after events that pose a
hazard to the public and only upon notice by the Captain of the Port
Buffalo.
The Captain of the Port Buffalo will notify the public that the
zones in this proposal are or will be enforced by all appropriate means
to the affected segments of the public, including publication in the
Federal Register, as practicable, in accordance with 33 CFR 165.7(a).
Such means of notification may also include, but are not limited to,
Broadcast Notice to Mariners or Local Notice to Mariners.
All persons and vessels must comply with the instructions of the
Coast Guard Captain of the Port Buffalo or his or her designated
representative. Entry into, transiting, or anchoring within the safety
zones is prohibited unless authorized by the Captain of the Port or his
or her designated representative. The Captain of the Port or his or her
designated representative may be contacted via VHF Channel 16 or at
716-843-9525.
IV. Regulatory Analyses
We developed this proposed 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this NPRM 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 size,
location, duration, and time-of-day of the safety zones. The safety
zones created by this rule will be relatively small and effective only
during the time necessary to protect safety of spectators,
participants, vessels, and property for the listed triggering or marine
events. Moreover, the Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone,
[[Page 17757]]
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
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed 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. If
you believe this proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 (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 proposed rule involves the
establishment yearly triggering and marine events on and around Lake
Erie. Normally such actions are categorically excluded from further
review under paragraph L[60](a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of
Environmental Consideration (REC) supporting this determination is
available in the docket where indicated under the ADDRESSES section of
this preamble. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit http://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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 proposes
to amend 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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5;
[[Page 17758]]
Department of Homeland Security Delegation No. 0170.1.
0
2. In Sec. 165.939, amend Table 165.939 by adding the entries (a)(7)
and (9), (b)(30) through (33), and (c)(5) and (6) to read as follows:
Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.
* * * * *
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Enforcement date and time
Event Location \1\ \2\
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(a) June Safety Zones
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* * * * * * *
(7) Blazing Paddles..................... Cleveland, OH--All waters of the Cuyahoga On or around the 3rd
River in Cleveland OH, beginning at weekend of June.
position 41[deg]29'36'' N,
081[deg]42'13'' W to the turnaround point
at position 41[deg]27'53''
N,081[deg]40'38'' W.
(8) Boaters Against Cancer Fireworks.... Kendall, NY--All waters of Lake Ontario On or around the last
contained within a 210 foot radius of the weekend of June.
fireworks launch site located at
43[deg]22'02.04'' N, 078[deg]01'48.06'' W
in Kendall, NY.
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(b) July Safety Zones
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(30) Wine and Walleye Festival Fireworks Ashtabula, OH--All waters within a 280 On or around the last
foot radius of the fireworks launch site weekend of July.
located at position 41[deg]54'06'' N,
080[deg]47'49'' W, Ashtabula, OH.
(31) City of Erie 4th of July Fireworks. Erie, PA--All waters of Lake Erie On or around the 4th of
contained within a 280 foot radius of the July.
fireworks launch site located at
42[deg]08'17.13'' N, 080[deg]05'30.17'' W
in Erie, PA.
(32) Buffalo Italian Fest............... Buffalo, NY--All waters of Lake Erie On or around 2nd or 3rd
contained within a 420 foot radius of weekend of July.
42[deg]52'04.23'' N, 078[deg]53'00.67'' W
in Buffalo, NY.
(33) Hamburg Beach Blast................ Hamburg, NY--All waters of Lake Erie On or around the last
contained within a 280 foot radius of weekend of July.
42[deg]45'59.21'' N, 078[deg]52'41.51'' W
in Hamburg, NY.
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(c) August Safety Zones
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* * * * * * *
(5) Ski Show Sylvan Beach............... Sylvan Beach, NY--All waters where Fish On or around the 2nd or
Creek meets Oneida Lake starting at 3rd weekend of August.
position 43[deg]11'36.6'' N,
75[deg]43'53.8'' W then South to
43[deg]11'33.7'' N, 75[deg]43'51.2'' W
then East to 43[deg]11'42.4'' N,
75[deg]43'38.6'' W then North to
43[deg]11'44.5'' N, 75[deg]43'39.7'' W
then returning to the point of origin.
(6) Great Lakes Offshore Grand Prix..... Dunkirk, NY--All waters of Lake Erie On or around the 2nd or
starting at position 42[deg]29'37.7'' N, 3rd weekend of August.
079[deg]21'17.7'' W then Northwest to
42[deg]29'45.2'' N, 079[deg]21'28.2'' W
then Northeast to 42[deg]30'15.0'' N,
079[deg]21'20.0'' W then Northeast to
42[deg]30'39.0'' N, 079[deg]19'46.0'' W
then Southeast to 42[deg]30'09.3'' N,
079[deg]19'03.1'' W.
* * * * * * *
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\1\ All coordinates listed in Table 165.929 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, and will be published in a Notice of Enforcement prior to the event.
Dated: April 22, 2019.
Kenneth E. Blair,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2019-08416 Filed 4-25-19; 8:45 am]
BILLING CODE 9110-04-P