[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48125-48129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15797]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0308]
RIN 625-AA08


Special Local Regulation; Henderson Bay, Henderson Harbor, NY

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule

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SUMMARY: The Coast Guard is establishing a permanent special local 
regulation for certain waters of Henderson Bay in Henderson Harbor, NY, 
in support of the Christmas in July festival. This action is necessary 
to provide for the safety of life on these navigable waters near 
Henderson Bay, Henderson Harbor, NY, during a boat parade. This 
rulemaking will prohibit persons and vessels from entering, transiting 
through, anchoring, blocking, or loitering within the event area 
adjacent to the city of Henderson Harbor, unless authorized by the 
Captain of the Port Buffalo or a designated representative.

[[Page 48126]]


DATES: This rule is effective July 26, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0308 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email MST2 Andrew Nevenner, Waterways Management 
Division MSD Massena, U.S. Coast Guard; telephone 315-769-5483, 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 March 16, 2023, the Henderson Business and Community Council 
notified the Coast Guard of an intention to conduct the ``Christmas in 
July'' boat parade in Henderson Bay on July 29, 2023. Christmas in July 
is an annual event in July occurring on or near the last weekend of 
July. The special local regulation area will occur from 5 p.m. through 
9 p.m. and cover all waters within a moving zone that encompasses a 50-
yard buffer zone ahead of the lead vessel, 50 yards astern of the last 
participating vessel, and 50 yards on each side of the parade vessels 
as it travels the parade route. The parade will start at Waterside 
Tavern dock 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'' N 76[deg]12'07.3'' W. In response, on June 7, 
2023, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled ``Special Local Regulation; Henderson Bay, Henderson Harbor, 
NY'' (88 FR 37194). There we stated why we issued the NPRM and invited 
comments on our proposed regulatory action related to this boat parade. 
During the comment period that ended July 7, 2023, we received one 
comment that was in full support of the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Sector Buffalo (COTP) has determined 
that this rule is necessary to ensure the safety of life and property 
of the participants within the regulated area before, during, and after 
the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we only received one comment on our NPRM published 
June 7, 2023, and it fully supported the proposed rule. There are no 
substantive changes in the regulatory text of this rule from the 
proposed rule in the NPRM. We did reform the text and corrected the 
authority citation for 33 CFR part 100.
    This rule establishes a special local regulation from 5 p.m. 
through 9 p.m. on July 29, 2023. The special local regulation area will 
cover all waters within a moving zone that encompasses a 50-yard buffer 
zone ahead of the lead vessel, 50 yards astern of the last 
participating vessel, and 50 yards on each side of the parade vessels 
as it travels the parade route in Henderson Bay, Henderson Harbor, NY. 
The duration of the special local regulation is intended to ensure the 
safety of vessels and these navigable waters before, during, and after 
the scheduled 5 p.m. through 9 p.m. boat parade. No vessel or person 
will be permitted to enter the special local regulation area without 
obtaining permission from the COTP or a designated representative.

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. This rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule 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 will be able to safely transit around this regulated 
area which would impact a small-designated area of Henderson Bay. 
Moreover, the Coast Guard would issue a Local Notice to Mariners about 
the areas, and the rule would allow vessels to seek permission to enter 
the areas.

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 no 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 
special local regulation 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 
call or email 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

[[Page 48127]]

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.

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, 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 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 a 
special local regulation lasting that will prohibit persons and vessels 
from transiting the regulated area during the parade. It is 
categorically excluded from further review under paragraph L61 of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A 
Memorandum for Record supporting this determination is available in the 
docket. For instructions on locating the docket, see the ADDRESSES 
section of this preamble.

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.

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 amends 
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, revise table 1 to read as follows:


Sec.  100.901  Great Lakes annual marine events.

* * * * *

                                            Table 1 to Sec.   100.91
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Event                                                      Location                      Date
----------------------------------------------------------------------------------------------------------------
                                               Sector Buffalo, NY
----------------------------------------------------------------------------------------------------------------
(1) Fireworks by Grucci..............  Lake Ontario, Wright's Landing/Oswego Harbor, NY  Last weekend of July.
Sponsor: New York Power Authority....      within an 800 foot radius of the fireworks
                                           launching platform located in approximate
                                          position 43[deg]28'10'' N 076[deg]31'04'' W.
(2) Flagship International Kilo Speed    That portion of Lake Erie, Presque Isle Bay,    3rd or 4th weekend of
 Challenge.                               south of a line drawn from 42[deg]08'54'' N     June.
Sponsor: Presque Isle Powerboat          080[deg]05'42'' W; to 42[deg]07' N 080[deg]21'
 Racing Association.                      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.
                                      --------------------------------------------------
(3) Flagship International Offshore      That portion of Lake Erie, Presque Isle Bay,    3rd or 4th weekend of
 Challenge.                               Entrance Channel, and the enclosed area from    June.
Sponsor: Presque Isle Powerboat             Erie Harbor Pier Head Light (LLNR 3430)
 Racing Association.                     northeast to 42[deg]12'48'' N 079[deg]57'24''
                                          W, thence south to shore just east of Shades
                                                             Beach.
                                      --------------------------------------------------
(4) Friendship Festival Airshow......  That portion of the Niagara River and Buffalo     4th of July holiday.
Sponsor: Friendship Festival.........
                                      --------------------------------------------------
                                       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
----------------------------------------------------------------------------------------------------------------


[[Page 48128]]


                                       Table 1 to Sec.   100.91--Continued
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Event                                                      Location                      Date
----------------------------------------------------------------------------------------------------------------
                                               Latitude         Longitude
                                      --------------------------------------------------
                                       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
                                       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
----------------------------------------------------------------------------------------------------------------
(5) NFBRA Red Dog Kilo Time Trials...    That portion of the Niagara River, Tonawanda    4th or 5th weekend of
Sponsor: Niagara Frontier Boat Racing    Channel, between Tonawanda Channel Buoy 31 to    September.
 Association.                             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).
(6) Sodus Bay 4th of July Fireworks..   Lake Ontario, within a 500 foot radius around a  4th of July holiday.
Sponsor: Sodus Bay Historical Society        barge anchored in approximate position
                                        43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay.
                                      --------------------------------------------------
(7) Tallship Erie....................  That portion of Lake Erie, Presque Isle Bay.      1st or 2nd weekend of
Sponsor: Erie Maritime Programs, Inc.                                                     July.
----------------------------------------------------------------------------------------------------------------
                                       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
----------------------------------------------------------------------------------------------------------------
(8) Thomas Graves Memorial Fireworks    That portion of Lake Ontario, Port Bay Harbor,   1st or 2nd weekend of
 Display.                                NY within a 500 ft radius surrounding a barge    July.
Sponsor: Port Bay Improvement           anchored in approximate position 43[deg]17'46''
 Association.                                         N 076[deg]50'02'' W.
----------------------------------------------------------------------------------------------------------------
(9) Thunder Island Offshore Challenge  That portion of Lake Ontario, Oswego Harbor from  3rd or 4th weekend of
Sponsor: Thunder on the Water Inc....   the West Pier Head Light (LLNR 2080) north to:    June.
----------------------------------------------------------------------------------------------------------------
                                               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).
                                      --------------------------------------------------
(10) We Love Erie Days Fireworks.....  That portion of Lake Erie, Erie Harbor, within a  3rd weekend of August.
Sponsor: We Love Erie Days Festival,    300 foot radius, surrounding the Erie Sand and
 Inc.                                   Gravel Pier, located in position 42[deg]08'16''
                                        N 080[deg]05'40'' W.
----------------------------------------------------------------------------------------------------------------


[[Page 48129]]


                                       Table 1 to Sec.   100.91--Continued
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Event                                                      Location                      Date
----------------------------------------------------------------------------------------------------------------
(11) Christmas in July...............  Location: The special local regulation area will  Date: Final weekend of
Sponsor: Henderson Business and            cover ALL WATERS WITHIN A MOVING ZONE THAT     July.
 Community Council.                      ENCOMPASSES A 50 yard BUFFER ZONE ahead of the
                                            lead vessel, 50 yards astern of the last
                                        participating vessel, and 50 yards on each side
                                         of the parade vessels as it travels the parade
                                            route 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.
----------------------------------------------------------------------------------------------------------------
                                           Sector Sault Ste. Marie, MI
----------------------------------------------------------------------------------------------------------------
(1) Bridgefest Regatta...............    Keweenaw Waterway, from the Houghton Hancock    2nd weekend of June.
Sponsor: Bridgefest Committee........    Lift Bridge to 1000 yards west of the bridge,
                                                       near Houghton, MI.
(2) Duluth Fourth Fest Fireworks.....  That portion of the Duluth Harbor Basin Northern  4th of July weekend.
Sponsor: Office of the Mayor, Duluth,   Section bounded on the south by a line drawn on
 MN.                                      a bearing of 087[deg] true from the Cargill
                                        Pier through Duluth Basin Lighted Buoy #5 (LLNR
                                          15905) to the opposite shore on the north by
                                           the Duluth Aerial Bridge. That portion of
                                        Duluth Harbor Basin Northern Section within 600
                                               yards of position 46[deg]46'47'' N
                                                       092[deg]06'10'' W.
(3) July 4th Fireworks...............  That portion of the St. Mary's River, Sault Ste.  4th of July weekend.
Sponsor: City of Sault Ste Marie, MI.     Marie, MI within a 1000 foot radius of Brady
                                         Park, located on the south shore of the river.
                                         These waters are enclosed by the Locks to the
                                        west and to the east from a line drawn from the
                                         pier light of the east center pier to the U.S.
                                               Coast Guard Base to the southeast.
----------------------------------------------------------------------------------------------------------------
\1\ All coordinates listed in this table 1 reference North American Datum of 1983 (NAD 1983).
\2\ As noted in the introductory text 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: July 19, 2023.
Sean M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-15797 Filed 7-25-23; 8:45 am]
BILLING CODE 9110-04-P