
[Federal Register Volume 82, Number 140 (Monday, July 24, 2017)]
[Rules and Regulations]
[Pages 34261-34263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15392]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0385]
RIN 1625-AA00


Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish 
Creek, Sylvan Beach, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Erie Canal System, Fish Creek, Sylvan Beach, NY. This safety zone is 
intended to restrict vessels from portions of the Erie Canal System at 
Fish Creek during the Canal Fest Water Ski Show on August 13, 2017. 
This temporary safety zone is necessary to protect mariners and vessels 
from the navigational hazards associated with high speed craft and 
water skiers. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Buffalo.

DATES: This rule is effective from 12:15 p.m. to 2:45 p.m. August 13, 
2017.

ADDRESSES: To view documents mentioned in this preamble as being

[[Page 34262]]

available in the docket, go to http://www.regulations.gov, type USCG-
2017-0385 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 about this 
rulemaking, call or email LT Michael Collet, Chief of Waterways 
Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9322, 
email D09-SMB-SECBuffalo-WWM@uscg.mil.

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 9, 2017, the Sylvan Verona Beach Resort Association 
notified the Coast Guard that from 12:30 p.m. to 2:30 p.m. on August 
13, 2017, it will be conducting a water ski show in the Erie Canal 
System at Fish Creek in Sylvan Beach, NY. In response, on June 9, 2017, 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Canal Fest Water Ski Show; Erie Canal System, Fish Creek, 
Sylvan Beach, NY. There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action related to this water ski 
show. During the comment period that ended July 10, 2017, we received 0 
comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection of persons and 
vessels near the water ski show.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo (COTP) has determined that a 
water ski show presents significant risks to public safety and 
property. Such hazards include high speed craft and multiple water 
skiers performing in a relatively small area. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone while the water ski show is taking place.

IV. Discussion of the Rule

    This rule establishes a safety zone on August 13, 2017 12:15 p.m. 
to 2:45 p.m. The safety zone will encompass all waters of the Erie 
Canal System, Fish Creek, Sylvan Beach, NY contained within the 
following points: 43[deg]11'37.79'' N., 075[deg]43'53.27'' W., running 
Northeast to position 43[deg]11'43.15'' N., 075[deg]43'44.88'' W., then 
Southeast to 43[deg]11'42.82'' N., 075[deg]43'43.42'' W. then Southwest 
to 43[deg]11'36.90'' N., 075[deg]43'52.06'' W. then returning to the 
point of origin (NAD83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Captain of the Port or his 
designated on-scene representative may be contacted via VHF Channel 16.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs''), directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    This rule has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    As this rule is not a significant regulatory action, this rule is 
exempt from the requirements of Executive Order 13771. See OMB's 
Memorandum titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this 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 rule will be 
relatively small and enforced for a short duration of time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Thus, restrictions on vessel movement within the particular areas 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 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

[[Page 34263]]

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 above.

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 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 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 it 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule establishes a temporary safety zone. It is categorically excluded 
under section 2.B.2, figure 2-1, paragraph 34(g) of the Instruction, 
which pertains to establishment of safety zones. A Record of 
Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in the ADDRESSES section of 
this preamble.

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:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0385 to read as follows:


Sec.  165.T09-0385  Safety Zone; Canal Fest Water Ski Show, Erie Canal 
System, Fish Creek, Sylvan Beach, NY.

    (a) Location. The safety zone will encompass all waters of the Erie 
Canal System, Fish Creek starting at position 43[deg]11'37.79'' N., 
075[deg]43'53.27'' W., running Northeast to position 43[deg]11'43.15'' 
N., 075[deg]43'44.88'' W., then Southeast to 43[deg]11'42.82'' N., 
075[deg]43'43.42'' W. then Southwest to 43[deg]11'36.90'' N., 
075[deg]43'52.06'' W. then returning to the point of origin. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on August 
13, 2017 from 12:15 p.m. until 2:45 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  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 must 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: July 18, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-15392 Filed 7-21-17; 8:45 am]
 BILLING CODE 9110-04-P


