[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.
 
 ========================================================================
 

  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.

-----------------------------------------------------------------------

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.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                       Enforcement date and time
                  Event                                  Location \1\                             \2\
----------------------------------------------------------------------------------------------------------------
                                              (a) June Safety Zones
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(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.
----------------------------------------------------------------------------------------------------------------
                                              (b) July Safety Zones
----------------------------------------------------------------------------------------------------------------
(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.
----------------------------------------------------------------------------------------------------------------
                                             (c) August Safety Zones
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(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.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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