[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Proposed Rules]
[Pages 47882-47884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12177]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2024-0410]
RIN 1625-AA00


Safety Zone; Oswego River, Oswego, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to adjust the safety zone radius 
and location to within a 210-Foot radius of position 43[deg]27'15.37'' 
N, 76[deg]30'28.38'' W due to a fireworks event. The safety zone is 
needed to protect personnel, vessels, and the marine environment from 
potential hazards created by fireworks display. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port, Sector Eastern Great Lakes.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 5, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0410 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. This notice of proposed rulemaking 
with its plain-language, 100-word-or-less proposed rule summary will be 
available in this same docket.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email United States Coast Guard Marine 
Safety Unit Thousand Islands: 315-774-8724 
[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

    On March 8, 2024, the City of Oswego notified the Coast Guard that 
there will be a change of location of its fireworks display normally 
conducted from 9:30 p.m. to 10 p.m. on or around July 4th as listed in 
33 CFR 165.939, table line item (29). The fireworks are to be now 
launched from a bridge in position 43[deg]27'15.37'' N, 
76[deg]30'28.38'' W with a 210-Foot radius Safety zone from launching 
position. Hazards from firework displays include accidental discharge 
of fireworks, dangerous projectiles, and falling hot embers or other 
debris. The Captain of the Port Sector Eastern Great Lakes (COTP) has 
determined that potential hazards associated with the fireworks to be 
used in this display would be a safety concern for anyone within a 210-
Foot radius of the launching position.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 210-Foot radius of the fireworks 
launching position before, during, and after the scheduled event. The 
Coast Guard is proposing this rulemaking under authority in 46 U.S.C. 
70034.

III. Discussion of Proposed Rule

    The COTP is proposing to amend a safety zone listed in 33 CFR 
165.939, table line item (29). The safety zone would cover all 
navigable waters within 210-Foot radius from the fireworks launching 
position 43[deg]27'15.37'' N, 76[deg]30'28.38'' W in the Oswego River 
Oswego, NY. No vessel or person would be permitted to enter the safety 
zone 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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget (OMB). This regulatory action determination is based on his 
regulatory action determination is based on the size, location, 
duration, and time-of-day of the safety zone. Vessel traffic would be 
able to safely transit around this safety zone which would impact a

[[Page 47883]]

small, designated area of the Oswego River for less than 1 hour during 
the evening when vessel traffic is normally low. Moreover, the Coast 
Guard would issue a Broadcast Notice to Mariners via VHF-FM marine 
channel 16 about the zone, and the rulemaking 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 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 rulemaking 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 safety 
zone lasting 1 hour that would prohibit entry within 210-Foot of 
fireworks launch site. Normally such actions are categorically excluded 
from further review under paragraph L60 (a) of appendix A, table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of 
Environmental Consideration supporting this determination is available 
in the docket. For instructions on locating the docket, see 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 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-2024-0410 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

[[Page 47884]]

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 165

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Amend Sec.  165.939 by revising line item (29) of the table to read 
as follows:
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                              Table 165.939
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                                                        Enforcement date
             Event                   Location \1\           and time
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                              * * * * * * *
(29) Oswego Independence Day    Oswego, NY. All waters  On or around the
 Celebration Fireworks.          of Lake Ontario,        4th of July.
                                 Oswego, NY within a
                                 210-foot radius from
                                 the launch site
                                 located at position
                                 43[deg]27'15.37'' N,
                                 76[deg]30'28.38'' W.
 
                              * * * * * * *
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\1\ All coordinates listed in Table 165.929 reference Datum NAD 1983.

* * * * *

    Dated: May 29, 2024.
Mark I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Eastern Great Lakes.
[FR Doc. 2024-12177 Filed 6-3-24; 8:45 am]
BILLING CODE 9110-04-P