[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Rules and Regulations]
[Pages 51838-51840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22337]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0832]
RIN 1625-AA00


Safety Zone; Head of the Buffalo Regatta; Buffalo River, Buffalo, 
NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 51839]]

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of the Buffalo River during the Head of the Buffalo 
Regatta. This safety zone is intended to restrict vessels from portions 
of the Buffalo River during the Head of the Buffalo Regatta. This 
temporary safety zone is necessary to protect mariners and racers from 
the navigational hazards associated with the regatta.

DATES: This rule is effective from 8 a.m. until 6 p.m. on October 20, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0832 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 
proposed rulemaking, call or email LTJG 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 September 5, 2018 the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) titled Head of the Buffalo Regatta; Buffalo River, 
Buffalo, NY Sec.  165.T09-0832. In that we discussed why we issued the 
NPRM and invited comments on our proposed regulatory action related to 
this regatta. The comment period ended October 5, 2018; we received one 
comment relating to the event. The comment questions whether economic 
factor were considered in the proposed rule. Our economic analysis in 
section V below did consider the economic ramifications of the proposed 
rule. The comment also questioned whether the canalside businesses 
would lose money. The proposed rule allows for vessels to transit 
through it when permitted by the COTP. The comment also questioned 
whether the rule would affect the operation of the lift bridges, but 
this rule does not affect the operation of the bridges.

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 
large-scale paddle craft event on a navigable waterway will pose a 
significant risk to participants and the boating public. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the Head of the Buffalo 
Regatta is happening.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published 
September 5, 2018, and there was no objection to the proposed rule. 
There are no changes in the regulatory text of this rule from the 
proposed rule in the NPRM.
    This rule establishes a safety zone from 8:00 a.m. until 6:00 p.m. 
on October 20, 2018. The safety zone will cover all navigable waters 
between the two points starting at position 42[deg]52'19.4'' N, 
78[deg]52'25.3'' W, and ending at position 42[deg]51'36.7'' N, 
78[deg]50'56.0'' W, on the Buffalo River, Buffalo, NY. The duration of 
the zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled rowboat races 
between 8 a.m. and 6 p.m.
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the COTP Buffalo or his designated on-
scene representative. The COTP 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 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 zone. The safety zone created by this 
rule will be relatively small and is designed to minimize its impact on 
navigable waters. Furthermore, the safety zone has been designed to 
allow vessels to transit around it. In addition, the safety zone will 
designate times when races are not occurring; allowing vessels to 
travel through the safety zone. Thus, restrictions on vessel movement 
within that particular area are expected to be minimal. Under certain 
conditions, moreover, vessels may still transit through the safety zone 
when permitted by the COTP.

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 
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 (Public Law 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-

[[Page 51840]]

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 
Order13132.
    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 Commandant Instruction M16475.1D, 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 
establishment of a safety zone. It is categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. 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: 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.T09-0832 to read as follows:


Sec.  165.T09-0832  Safety Zone; Head of the Buffalo Regatta; Buffalo 
River, Buffalo, NY.

    (a) Location. The safety zone will encompass all waters of the 
Buffalo River, Buffalo, NY, beginning at position 42[deg]52'19.4'' N, 
78[deg]52'25.3'' W to 42[deg]51'36.7'' N, 78[deg]50'56.0'' W.
    (b) Enforcement period. This rule is effective from 8 a.m. until 6 
p.m. on October 20, 2018.
    (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: October 9, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-22337 Filed 10-12-18; 8:45 am]
 BILLING CODE 9110-04-P


