
[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Proposed Rules]
[Pages 40081-40084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16053]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0418]
RIN 1625-AA00


Safety Zone; Antique Boat Show, Niagara River, Grand Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 40082]]

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on Niagara River, Grand Island, NY. This proposed rule is intended to 
restrict vessels from a portion of the Niagara River during the Antique 
Boat Show powerboat races. The safety zone established by this proposed 
rule is necessary to protect spectators, participants, and vessels from 
the hazards associated with powerboat races.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 2, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0418 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Delivery: at the same as mail address above, deliveries are 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    To avoid duplication, please use only one of these three methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Christopher Mercurio, Chief of Waterway Management, 
U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email 
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Barbara Hairston, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0418), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online at http://www.regulations.gov or by fax, mail, or hand delivery, 
but please use only one of these means. If you submit a comment online, 
it will be considered received by the Coast Guard when the comment is 
successfully transmitted. If you fax, hand deliver, or mail your 
comment, it will be considered received by the Coast Guard when the 
comment is received at the Docket Management Facility. We recommend 
that you include your name and a mailing address, an email address, or 
a telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0418] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0418) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The Antique Boat Show is an annual event involving hydroplane and 
power boat races that has taken place over the last 36 years. The 
Antique Boat Show takes place on the Niagara River within a 2.5 mile 
course located near the Buffalo Launch Club in Grand Island, NY. 
Typically, the event takes place on the first or second Saturday of 
September. The Captain of the Port Buffalo has determined that 
hydroplane racing presents significant hazards to public spectators and 
participants.

C. Discussion of the Proposed Rule

    This proposed temporary safety zone is necessary to guard against 
the hazards mentioned in the preceding paragraph. The proposed safety 
zone will be effective and enforced from 9:30 a.m. until 4:30 p.m. on 
September 7, 2013. The proposed safety zone will encompass all waters 
of Niagara River, Grand Island, NY starting at position 42[deg]59'59'' 
N, 078[deg]56'22'' W, East to 49[deg]59'54'' N, 078[deg]56'14'' W, 
South to 42[deg]57'54'' N, 078[deg]56'04'' W, West to 42[deg]057'48'' 
N, 078[deg]56'22'' W. (NAD 83)
    Entry into, transiting, or anchoring within the proposed safety 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his on-scene representative. The Captain of the Port or his on-scene 
representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

[[Page 40083]]

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this proposed 
rule is not a significant regulatory action because we anticipate that 
it will have minimal impact on the economy, will not interfere with 
other agencies, will not adversely alter the budget of any grant or 
loan recipients, and will not raise any novel legal or policy issues. 
The safety zone created by this proposed rule will be relatively small 
and enforced for relatively short time. Also, the proposed safety zone 
is designed to minimize its impact on navigable waters. Furthermore, 
the proposed safety zone has been designed to allow vessels to transit 
around it. Thus, restrictions on vessel movement within that particular 
area are expected to be minimal. Under certain conditions, moreover, 
vessels may still transit through the proposed safety zone when 
permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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. This proposed temporary final 
rule may affect the following entities, some of which might be small 
entities: the owners of operators of vessels intending to transit or 
anchor in a portion of the Niagara River near Grand Island, NY between 
9:30 a.m. to 4:30 p.m. on September 7, 2013.
    This proposed safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: this proposed rule will be in effect for only a few hours and 
the proposed safety zone will allow vessels to move freely around the 
proposed safety zone on the Niagara River. 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 
proposed rule would economically affect it.

3. Assistance for Small Entities

    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 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, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rule does not have implications for federalism.

6. 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 effects of this 
proposed rule elsewhere in this preamble.

7. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

8. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

9. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

10. Indian Tribal Governments

    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.

11. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

12. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (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

[[Page 40084]]

the human environment. This proposed rule is categorically excluded, 
under figure 2-1, paragraph (34) (g), of the Commandant Instruction 
because it involves the establishment of a safety zone.
    A preliminary environmental analysis checklist and a preliminary 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR parts 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: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0418 to read as follows:


Sec.  165.T09-0418  Safety Zone; Antique Boat Festival, Niagara River, 
Grand Island, NY

    (a) Location. The safety zone will encompass all waters of the 
Niagara River, Grand Island, NY starting at position 42[deg]59'59'' N, 
078[deg]56'22'' W, East to 42[deg]59'54'' N, 078[deg]56'14'' W, South 
to 42[deg]57'54'' N, 078[deg]56'04'' W, West to 42[deg]057'48'' N, 
078[deg]56'22'' W. (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced on September 7, 2013, from 9:30 a.m. until 4:30 
p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of 
this part, entry into, transiting, or anchoring within this safety zone 
is prohibited unless authorized by the Captain of the Port Buffalo or 
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all directions given to them by the Captain of 
the Port Buffalo, or his on-scene representative.

    Dated: June 14, 2013.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2013-16053 Filed 7-2-13; 8:45 am]
BILLING CODE 9110-04-P


