Safety Zones; Annual Events in the Captain of the Port Buffalo Zone
| Published date | 05 June 2019 |
| Citation | 84 FR 25993 |
| Record Number | 2019-11754 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 108 (Wednesday, June 5, 2019)
[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]]
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Enforcement date
Event Location \1\ and time \2\
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(a) June Safety Zones
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* * * * * * *
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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.
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(b) July Safety Zones
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* * * * * * *
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(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.
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(c) August Safety Zones
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* * * * * * *
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(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.
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\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
