[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Rules and Regulations]
[Pages 25993-25995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11754]


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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: Final rule.

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SUMMARY: The Coast Guard is amending its safety zone regulation for 
Annual Events in the Captain of the Port Buffalo Zone. This 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.

DATES: This rule is effective July 5, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0121 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 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 Information and Regulatory History

    On April 26, 2019, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) titled Safety Zones; Annual Events in the Captain of 
the Port Buffalo Zone (84 FR 17756). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this amendment to the CFR. During the comment period that ended May 28, 
2019, we received no comments.

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 purpose of the this rule is to 
update the safety zones in 33 CFR 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 ensure 
vessels and persons are protected 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published April 
26, 2019. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule adds eight new safety zones to Table 165.939 within Sec.  
165.939 for annually recurring events in the Captain of the Port 
Buffalo Zone. These eight zones were approved and published in the 
Federal Register as temporary safety zones in 2018 and were added in 
order to protect the public from the safety hazards previously 
described. A list of specific changes and additions are available in 
the attachments within this Docket.
    The Captain of the Port Buffalo has determined that the safety 
zones in this 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 rule will be effective year-round, the 
safety zones in this 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 rule 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 a designated representative. 
Entry into, transiting, or anchoring within the safety zones is 
prohibited unless authorized by the Captain of the Port or a designated 
representative. The Captain of the Port or a designated representative 
may be contacted via VHF Channel 16 or at 716-843-9525.

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 
characteristics of the safety zones, including size, location, 
duration, and time-of-day. The safety

[[Page 25994]]

zones created by this rule will be relatively small and are designed to 
minimize their impact on navigable waters. Furthermore, the safety 
zones have been designed to allow vessels to transit around them. In 
addition, the safety zones will have built in times to allow vessels to 
travel through when situations allow. Thus, restrictions on vessel 
movement within each particular area are expected to be minimal. Under 
certain conditions, moreover, vessels may still transit through the 
safety zone when permitted by the Captain of the Port.

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 received 00 comments from the Small Business 
Administration on this rulemaking. 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 
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 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 the establishment of recurring annual 
safety zones. It is categorically excluded from further review under 
paragraph L60(a) in Table 3-1 of U.S. Coast Guard Environmental 
Planning Implementing Procedures 5090.1. 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: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.


0
2. In Sec.  [thinsp]165.939, amend Table 165.939 by adding the entries 
(a)(7) and (8), (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.

* * * * *

[[Page 25995]]



------------------------------------------------------------------------
                                                        Enforcement date
             Event                   Location \1\         and time \2\
------------------------------------------------------------------------
                          (a) June Safety Zones
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                              * * * * * * *
------------------------------------------------------------------------
(7) Blazing Paddles...........  Cleveland, OH. All      On or around the
                                 waters of the           3rd weekend of
                                 Cuyahoga River in       June.
                                 Cleveland OH,
                                 beginning at 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      Kendall, NY. All        On or around the
 Fireworks.                      waters of Lake          last weekend of
                                 Ontario contained       June.
                                 within a 210 foot
                                 radius of the
                                 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  Ashtabula, OH. All      On or around the
 Fireworks.                      waters within a 280     last weekend of
                                 foot radius of the      July.
                                 fireworks launch site
                                 located at position
                                 41[deg]54'06'' N,
                                 080[deg]47'49'' W,
                                 Ashtabula, OH.
(31) City of Erie 4th of July   Erie, PA. All waters    On or around the
 Fireworks.                      of Lake Erie            4th of July.
                                 contained within a
                                 280 foot radius of
                                 the 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        On or around 2nd
                                 waters of Lake Erie     or 3rd weekend
                                 contained within a      of July.
                                 420 foot radius of
                                 42[deg]52'04.23'' N,
                                 078[deg]53'00.67'' W
                                 in Buffalo, NY.
(33) Hamburg Beach Blast......  Hamburg, NY. All        On or around the
                                 waters of Lake Erie     last weekend of
                                 contained within a      July.
                                 280 foot radius of
                                 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   On or around the
                                 waters where Fish       2nd or 3rd
                                 Creek meets Oneida      weekend of
                                 Lake starting at        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  Dunkirk, NY. All        On or around the
 Prix.                           waters of Lake Erie     2nd or 3rd
                                 starting at position    weekend of
                                 42[deg]29'37.7'' N,     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: May 31, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-11754 Filed 6-4-19; 8:45 am]
 BILLING CODE 9110-04-P