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Rule2023-15797

Special Local Regulation; Henderson Bay, Henderson Harbor, NY

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Published

July 26, 2023

Effective

July 26, 2023

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

The Coast Guard is establishing a permanent special local regulation for certain waters of Henderson Bay in Henderson Harbor, NY, in support of the Christmas in July festival. This action is necessary to provide for the safety of life on these navigable waters near Henderson Bay, Henderson Harbor, NY, during a boat parade. This rulemaking will prohibit persons and vessels from entering, transiting through, anchoring, blocking, or loitering within the event area adjacent to the city of Henderson Harbor, unless authorized by the Captain of the Port Buffalo or a designated representative.

Full Text

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<title>Federal Register, Volume 88 Issue 142 (Wednesday, July 26, 2023)</title>
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[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48125-48129]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15797]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0308]
RIN 625-AA08

Special Local Regulation; Henderson Bay, Henderson Harbor, NY

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule

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SUMMARY: The Coast Guard is establishing a permanent special local
regulation for certain waters of Henderson Bay in Henderson Harbor, NY,
in support of the Christmas in July festival. This action is necessary
to provide for the safety of life on these navigable waters near
Henderson Bay, Henderson Harbor, NY, during a boat parade. This
rulemaking will prohibit persons and vessels from entering, transiting
through, anchoring, blocking, or loitering within the event area
adjacent to the city of Henderson Harbor, unless authorized by the
Captain of the Port Buffalo or a designated representative.

[[Page 48126]]

DATES: This rule is effective July 26, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0308 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email MST2 Andrew Nevenner, Waterways Management
Division MSD Massena, U.S. Coast Guard; telephone 315-769-5483, email
<a href="/cdn-cgi/l/email-protection#dc8f919ef1918f9891bdafafb9b2bdf18bbda8b9aeabbda5af91bdb2bdbbb9b1b9b2a89ca9afbfbbf2b1b5b0"><span class="__cf_email__" data-cfemail="17445a553a5a44535a7664647279763a407663726560766e645a76797670727a7279635762647470397a7e7b">[email&#160;protected]</span></a>.

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 March 16, 2023, the Henderson Business and Community Council
notified the Coast Guard of an intention to conduct the ``Christmas in
July'' boat parade in Henderson Bay on July 29, 2023. Christmas in July
is an annual event in July occurring on or near the last weekend of
July. The special local regulation area will occur from 5 p.m. through
9 p.m. and cover all waters within a moving zone that encompasses a 50-
yard buffer zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route. The parade will start at Waterside
Tavern dock at point 43[deg]51'44'' N 76[deg]12'07.3'' W and running
north adjacent to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to point 43[deg]53'40.9'' N
76[deg]12'40.6'' W and running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending at the starting position
at point 43[deg]51'44'' N 76[deg]12'07.3'' W. In response, on June 7,
2023, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled ``Special Local Regulation; Henderson Bay, Henderson Harbor,
NY'' (88 FR 37194). There we stated why we issued the NPRM and invited
comments on our proposed regulatory action related to this boat parade.
During the comment period that ended July 7, 2023, we received one
comment that was in full support of the rule.

III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port Sector Buffalo (COTP) has determined
that this rule is necessary to ensure the safety of life and property
of the participants within the regulated area before, during, and after
the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

As noted above, we only received one comment on our NPRM published
June 7, 2023, and it fully supported the proposed rule. There are no
substantive changes in the regulatory text of this rule from the
proposed rule in the NPRM. We did reform the text and corrected the
authority citation for 33 CFR part 100.
This rule establishes a special local regulation from 5 p.m.
through 9 p.m. on July 29, 2023. The special local regulation area will
cover all waters within a moving zone that encompasses a 50-yard buffer
zone ahead of the lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side of the parade vessels
as it travels the parade route in Henderson Bay, Henderson Harbor, NY.
The duration of the special local regulation is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 5 p.m. through 9 p.m. boat parade. No vessel or person
will be permitted to enter the special local regulation area without
obtaining permission from the COTP or a designated representative.

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. This rule 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, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Vessel traffic will be able to safely transit around this regulated
area which would impact a small-designated area of Henderson Bay.
Moreover, the Coast Guard would issue a Local Notice to Mariners about
the areas, and the rule would allow vessels to seek permission to enter
the areas.

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
special local regulation 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
call or email 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

[[Page 48127]]

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.

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, 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 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 a
special local regulation lasting that will prohibit persons and vessels
from transiting the regulated area during the parade. It is
categorically excluded from further review under paragraph L61 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Memorandum for Record supporting this determination is available in the
docket. For instructions on locating the docket, see the ADDRESSES
section of this preamble.

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.

List of Subjects in 33 CFR Part 100

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

For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. In Sec. 100.901, revise table 1 to read as follows:

Sec. 100.901 Great Lakes annual marine events.

* * * * *

Table 1 to Sec. 100.91
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[[Page 48128]]

Table 1 to Sec. 100.91--Continued
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Event Location Date
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Latitude Longitude
--------------------------------------------------
along the International Border to:
--------------------------------------------------
42[deg]52.9' N......... 078[deg]54.9' W, thence
to
42[deg]52.5' N......... 078[deg]54.3' W, thence
to
42[deg]52.7' N......... 078[deg]53.9' W, thence
to
42[deg]52.8' N......... 078[deg]53.8' W, thence
to
42[deg]53.1' N......... 078[deg]53.6' W, thence
to
42[deg]53.2' N......... 078[deg]53.6' W, thence
to
42[deg]53.3' N......... 078[deg]53.7' W, thence
--------------------------------------------------
along the breakwall to:
--------------------------------------------------
42[deg]54.4' N......... 078[deg]54.1' W
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(5) NFBRA Red Dog Kilo Time Trials... That portion of the Niagara River, Tonawanda 4th or 5th weekend of
Sponsor: Niagara Frontier Boat Racing Channel, between Tonawanda Channel Buoy 31 to September.
Association. approximately 1/2 mile southwest of Twomile
Creek along a line drawn from 43[deg]00'45'' N
078[deg]55'06'' W to 43[deg]00'28'' N
078[deg]54'56'' W (Sipco Oil Company).
(6) Sodus Bay 4th of July Fireworks.. Lake Ontario, within a 500 foot radius around a 4th of July holiday.
Sponsor: Sodus Bay Historical Society barge anchored in approximate position
43[deg]15.73' N 076[deg]58.23' W, in Sodus Bay.
--------------------------------------------------
(7) Tallship Erie.................... That portion of Lake Erie, Presque Isle Bay. 1st or 2nd weekend of
Sponsor: Erie Maritime Programs, Inc. July.
----------------------------------------------------------------------------------------------------------------
Entrance Channel and Presque Isle Bay from:
--------------------------------------------------
Latitude Longitude
--------------------------------------------------
42[deg]10' N........... 080[deg]03' W, thence
to
42[deg]08.1' N......... 080[deg]07' W, thence
to
42[deg]07.9' N......... 080[deg]06.8' W, thence
--------------------------------------------------
east along the shoreline and structures to:
--------------------------------------------------
42[deg]09.2' N......... 080[deg]02.6' W, thence
to
--------------------------------------------------
42[deg]10' N........... 080[deg]03' W
----------------------------------------------------------------------------------------------------------------
(8) Thomas Graves Memorial Fireworks That portion of Lake Ontario, Port Bay Harbor, 1st or 2nd weekend of
Display. NY within a 500 ft radius surrounding a barge July.
Sponsor: Port Bay Improvement anchored in approximate position 43[deg]17'46''
Association. N 076[deg]50'02'' W.
----------------------------------------------------------------------------------------------------------------
(9) Thunder Island Offshore Challenge That portion of Lake Ontario, Oswego Harbor from 3rd or 4th weekend of
Sponsor: Thunder on the Water Inc.... the West Pier Head Light (LLNR 2080) north to: June.
----------------------------------------------------------------------------------------------------------------
Latitude Longitude
--------------------------------------------------
43[deg]29'02'' N....... 076[deg]32'04'' W,
thence to
43[deg]26'18'' N....... 076[deg]39'30'' W,
thence to
43[deg]24'55'' N....... 076[deg]37'45'' W,
thence
--------------------------------------------------
along the shoreline to the West Pier Head Light
(LLNR 2080).
--------------------------------------------------
(10) We Love Erie Days Fireworks..... That portion of Lake Erie, Erie Harbor, within a 3rd weekend of August.
Sponsor: We Love Erie Days Festival, 300 foot radius, surrounding the Erie Sand and
Inc. Gravel Pier, located in position 42[deg]08'16''
N 080[deg]05'40'' W.
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[[Page 48129]]

Table 1 to Sec. 100.91--Continued
----------------------------------------------------------------------------------------------------------------

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Event Location Date
----------------------------------------------------------------------------------------------------------------
(11) Christmas in July............... Location: The special local regulation area will Date: Final weekend of
Sponsor: Henderson Business and cover ALL WATERS WITHIN A MOVING ZONE THAT July.
Community Council. ENCOMPASSES A 50 yard BUFFER ZONE ahead of the
lead vessel, 50 yards astern of the last
participating vessel, and 50 yards on each side
of the parade vessels as it travels the parade
route starting at point 43[deg]51'44'' N
76[deg]12'07.3'' W and running north adjacent
to the shore to point 43[deg]52'12.2'' N
76[deg]11'32.7'' W, continuing northwest to
point 43[deg]53'40.9'' N 76[deg]12'40.6'' W and
running south adjacent to the shore to point
43[deg]51'47.2'' N 76[deg]14'08.3'' W, ending
at the starting position at point
43[deg]51'44.0'' N 76[deg]12'07.3'' W.
--------------------------------------------------
Latitude Longitude
--------------------------------------------------
43[deg]51'44'' N....... 076[deg]12'07.3'' W,
thence to
43[deg]52'12.2'' N..... 076[deg]11'32.7'' W,
thence to
43[deg]53'40.9'' N..... 076[deg]14'08.3'' W,
thence
--------------------------------------------------
along the shoreline to end at the starting
position.
----------------------------------------------------------------------------------------------------------------
Sector Sault Ste. Marie, MI
----------------------------------------------------------------------------------------------------------------
(1) Bridgefest Regatta............... Keweenaw Waterway, from the Houghton Hancock 2nd weekend of June.
Sponsor: Bridgefest Committee........ Lift Bridge to 1000 yards west of the bridge,
near Houghton, MI.
(2) Duluth Fourth Fest Fireworks..... That portion of the Duluth Harbor Basin Northern 4th of July weekend.
Sponsor: Office of the Mayor, Duluth, Section bounded on the south by a line drawn on
MN. a bearing of 087[deg] true from the Cargill
Pier through Duluth Basin Lighted Buoy #5 (LLNR
15905) to the opposite shore on the north by
the Duluth Aerial Bridge. That portion of
Duluth Harbor Basin Northern Section within 600
yards of position 46[deg]46'47'' N
092[deg]06'10'' W.
(3) July 4th Fireworks............... That portion of the St. Mary's River, Sault Ste. 4th of July weekend.
Sponsor: City of Sault Ste Marie, MI. Marie, MI within a 1000 foot radius of Brady
Park, located on the south shore of the river.
These waters are enclosed by the Locks to the
west and to the east from a line drawn from the
pier light of the east center pier to the U.S.
Coast Guard Base to the southeast.
----------------------------------------------------------------------------------------------------------------
\1\ All coordinates listed in this table 1 reference North American Datum of 1983 (NAD 1983).
\2\ As noted in the introductory text of this section, the enforcement dates and times for each of the listed
events in this table are subject to change. In the event of a change, or for enforcement periods listed that
do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the
public by publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice
to Mariner.

Dated: July 19, 2023.
Sean M. Murray,
Commander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-15797 Filed 7-25-23; 8:45 am]
BILLING CODE 9110-04-P

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