[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Proposed Rules]
[Pages 36999-37003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11654]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0429]
RIN 1625-AA08


Special Local Regulation; Henderson Bay, Henderson Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a special local 
regulation for certain waters of Henderson Bay. This action is 
necessary to provide for the safety of life on these navigable waters 
near Henderson Bay, Henderson Bay, NY, during the swimming portion of a 
triathlon on July 8, 2023. This proposed rulemaking would prohibit 
persons and vessels from being in the regulated area unless authorized 
by the Captain of the Port Sector Buffalo or a designated 
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 6, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0429 using the Federal Decision-Making Portal at https://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 MST2 Andrew Nevenner, Waterways 
Management Division, MSD Massena, U.S. Coast Guard; telephone 315-769-
5483, email [email protected].

[[Page 37000]]


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

    On March 27, 2023, the Henderson Business and Community Council 
notified the Coast Guard that it will be conducting the Henderson 
Harbor Triathlon Starting at 8 a.m. on July 8, 2023. The swim portion 
of the triathlon will start and end at the Henderson Boat Launch and 
will be approximately 750-meters in length. This proposed rulemaking 
would prohibit persons and vessels from being in the special local 
regulation zone unless authorized by the Captain of the Port Buffalo or 
a designated representative.
    The purpose of this rulemaking is to ensure the safety of life of 
the participants within the regulated area before, during, and after 
the scheduled event. The Coast Guard is proposing this rulemaking under 
authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a special local regulation from 
8 a.m. through 11 a.m. on July 8, 2023. The special local regulation 
would cover all navigable waters within a 750-meter marked swim course 
near the Henderson Boat Launch. The duration of the zone is intended to 
ensure the safety of swimmers before, during, and after the scheduled 8 
through 11 a.m. swimming event. No vessel or person would be permitted 
to enter the special local regulation area without obtaining permission 
from the COTP or a designated representative. The regulatory text we 
are proposing appears at the end of this document.

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. This NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Vessel traffic would be minimal due to the closure of the Henderson 
Boat Launch. Moreover, the Coast Guard would issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone, 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 
special local regulation 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 proposed 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 proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email 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 call or email 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 potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Directive 023-01, Rev. 1, associated implementing 
instructions, 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 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 a special 
local regulation lasting 3 hours that would prohibit

[[Page 37001]]

entry within the regulated area. Normally such actions are 
categorically excluded from further review under paragraph L61of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 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 call or email 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0429 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec.  100.901, amend Table 1 by adding ``Henderson Harbor Sprint 
Triathlon'' to read as follows:


Sec.  100.901  Great Lakes annual marine events.

* * * * *

                                 Table 1
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------------------------------------------------------------------------
 
                              * * * * * * *
                           Sector Buffalo, NY:
 
                           Fireworks by Grucci
 
Sponsor: New York Power Authority.
Date: Last weekend of July.
Location: Lake Ontario, Wright's Landing/Oswego Harbor, NY within an 800
 foot radius of the fireworks launching platform located in approximate
 position 43[deg]28'10'' N 076[deg]31'04'' W..
 
               Flagship International Kilo Speed Challenge
 
Sponsor: Presque Isle Powerboat
 Racing Association.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie, Presque Isle Bay, south of a line
 drawn from 42[deg]08'54'' N 080[deg]05'42'' W; to 42[deg]07' N
 080[deg]21' W will be a regulated area. That portion of Lake Erie,
 Presque Isle Bay, north of a line drawn from 42[deg]08'54'' N
 080[deg]05'42'' W; to 42[deg]07' N 080[deg]21' W will be a ``caution
 area''. All vessels transiting the caution area will be operated at
 bare steerageway, keeping the vessel's wake at a minimum, and will
 exercise a high degree of caution in the area. The bay entrance will
 not be effected..
 
                Flagship International Offshore Challenge
 
Sponsor: Presque Isle Powerboat
 Racing Association.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie, Presque Isle Bay, Entrance Channel,
 and the enclosed area from Erie Harbor Pier Head Light (LLNR 3430)
 northeast to 42[deg]12'48'' N 079[deg]57'24'' W, thence south to shore
 just east of Shades Beach..
 
                       Friendship Festival Airshow
 
Sponsor: Friendship Festival.
Date: 4th of July holiday.
Location: That portion of the Niagara River and Buffalo. Harbor from:...
 
             Latitude                             Longitude
 
42[deg]54.4' N....................  078[deg]54.1' W, thence to
42[deg]54.4' N....................  078[deg]54.4' W, thence along the
                                     International Border to
42[deg]52.9' N....................  078[deg]54.9' W, thence to
42[deg]52.5' N....................  078[deg]54.3' W, thence to
42[deg]52.7' N....................  078[deg]53.9' W, thence to

[[Page 37002]]

 
42[deg]52.8' N....................  078[deg]53.8' W, thence to
42[deg]53.1' N....................  078[deg]53.6' W, thence to
42[deg]53.2' N....................  078[deg]53.6' W, thence to
42[deg]53.3' N....................  078[deg]53.7' W, thence along the
                                     breakwall to
42[deg]54.4' N....................  078[deg]54.1' W.
 
                     NFBRA Red Dog Kilo Time Trials
 
Sponsor: Niagara Frontier Boat
 Racing Association.
Date: 4th or 5th weekend of
 September.
Location: That portion of the Niagara River, Tonawanda Channel, between
 Tonawanda Channel Buoy 31 to approximately \1/2\ mile southwest of
 Twomile Creek along a line drawn from 43[deg]00'45'' N 078[deg]55'06''
 W to 43[deg]00'28'' N 078[deg]54'56'' W (Sipco Oil Company)..
 
                     Sodus Bay 4th of July Fireworks
 
Sponsor: Sodus Bay Historical
 Society.
Date: 4th of July holiday.
Location: Lake Ontario, within a 500 foot radius around a barge anchored
 in approximate position 43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay..
 
                              Tallship Erie
 
Sponsor: Erie Maritime Programs,
 Inc.
Date: 1st or 2nd weekend of July.
Location: That portion of Lake Erie, Presque Isle Bay Entrance Channel
 and Presque Isle Bay from:.
 
             Latitude                             Longitude
 
42[deg]10' N......................  080[deg]03' W, thence to
42[deg]08.1' N....................  080[deg]07' W, thence to
42[deg]07.9' N....................  080[deg]06.8' W, thence east along
                                     the shoreline and structures to:
42[deg]09.2' N....................  080[deg]02.6' W, thence to
42[deg]10' N......................  080[deg]03' W.
 
                Thomas Graves Memorial Fireworks Display
 
Sponsor: Port Bay Improvement
 Association.
Date: 1st or 2nd weekend of July.
Location: That portion of Lake Ontario, Port Bay Harbor, NY within a 500
 ft radius surrounding a barge anchored in approximate position
 43[deg]17'46'' N 076[deg]50'02'' W..
 
                    Thunder Island Offshore Challenge
 
Sponsor: Thunder on the Water Inc.
Date: 3rd or 4th weekend of June.
Location: That portion of Lake Ontario, Oswego Harbor from the West Pier
 Head Light (LLNR 2080) north to:.
 
             Latitude                             Longitude
 
43[deg]29'02'' N..................  076[deg]32'04'' W, thence to
43[deg]26'18'' N..................  076[deg]39'30'' W, thence to
43[deg]24'55'' N..................  076[deg]37'45'' W, thence along the
                                     shoreline to the West Pier Head
                                     Light (LLNR 2080).
 
                       We Love Erie Days Fireworks
 
Sponsor: We Love Erie Days
 Festival, Inc.
Date: 3rd weekend of August.
Location: That portion of Lake Erie, Erie Harbor, within a 300 foot
 radius, surrounding the Erie Sand and Gravel Pier, located in position
 42[deg]08'16'' N 080[deg]05'40'' W..
 
                            Christmas in July
 
Sponsor: Henderson Business and
 Community Council.
Date: Final weekend of July.
Location: The regulated area would cover all navigable waters within
 Henderson Bay starting at point 43[deg]51'44'' N 76[deg]12'07.3'' W and
 running north adjacent to the shore to point 43[deg]52'12.2'' N
 76[deg]11'32.7'' W, continuing northwest to point 43[deg]53'40.9'' N
 76[deg]12'40.6'' W and running south adjacent to the shore to point
 43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the starting position
 at point 43[deg]51'44.0'' N 76[deg]12'07.3'' W..
 
             Latitude                             Longitude
 
43[deg]51'44'' N..................  076[deg]12'07.3'' W, thence to
43[deg]52'12.2'' N................  076[deg]11'32.7'' W, thence to
43[deg]53'40.9'' N................  076[deg]14'08.3'' W, thence (along
                                     the shoreline to end at the
                                     starting position).
 
                    Henderson Harbor Sprint Triathlon
 
Sponsor: Henderson Business and
 Community Council.
Date: On or around the 2nd weekend
 of July.
Enforcement Period: 0800-1100.
Location: The regulated area would cover navigable waters within
 Henderson Bay starting at point 43[deg]51'02.5'' N 076[deg]12'21.9'' W
 and running northeast adjacent to the shore to point 43[deg]51'05.9'' N
 076[deg]12'12.2'' W, continuing west to point 43[deg]51'06.2'' N
 076[deg]12'21.2'' W, ending at starting position at point
 43[deg]51'02.5'' N 076[deg]12'21.9'' W..
 
             Latitude                             Longitude
 
43[deg]51'02.5'' N................  076[deg]12'21.9'' W, thence to
43[deg]51'05.9'' N................  076[deg]12'12.2'' W, thence to
43[deg]51'06.2'' N................  076[deg]12'21.2'' W, thence (along
                                     the shoreline to end at the
                                     starting position).
------------------------------------------------------------------------
\1\ All coordinates listed in Table 100.901 reference Datum NAD 1983.

[[Page 37003]]

 
\2\ As noted in paragraph (a)(3) of this section, the enforcement dates
  and times for each of the listed events in this table are subject to
  change. In the event of a change, or for enforcement periods listed
  that do not allow a specific date or dates to be determined, the
  Captain of the Port will provide notice to the public by publishing a
  Notice of Enforcement in the Federal Register, as well as, issuing a
  Broadcast Notice to Mariner.


    Dated: May 25, 2023.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-11654 Filed 6-5-23; 8:45 am]
BILLING CODE 9110-04-P