Rule2023-16018
Safety Zone; Henderson Bay, Henderson Harbor, NY
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2023
Effective
July 28, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a permanent safety zone for certain waters of Henderson Harbor. This action is necessary to provide for the safety of life on these navigable waters near Henderson Harbor, Henderson, NY, during a fireworks display and annual reoccurrences of this event. This regulation prohibits persons and vessels from being in the safety zone 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 144 (Friday, July 28, 2023)</title>
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[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Rules and Regulations]
[Pages 48734-48736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16018]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0309]
RIN 1625-AA00
Safety Zone; Henderson Bay, Henderson Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a permanent safety zone for
certain waters of Henderson Harbor. This action is necessary to provide
for the safety of life on these navigable waters near Henderson Harbor,
Henderson, NY, during a fireworks display and annual reoccurrences of
this event. This regulation prohibits persons and vessels from being in
the safety zone unless authorized by the Captain of the Port Buffalo or
a designated representative.
DATES: This rule is effective without actual notice July 28, 2023. For
the purposes of enforcement, actual notice will be used from 9:30
through 10 p.m. on July 29, 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-
2023-0309 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
proposed 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#6e3d232c43233d2a230f1d1d0b000f43390f1a0b1c190f171d230f000f090b030b001a2e1b1d0d0940030702"><span class="__cf_email__" data-cfemail="50031d127d1d03141d312323353e317d0731243522273129231d313e3137353d353e2410252333377e3d393c">[email 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 6, 2023, the Henderson Business and Community Council
notified the Coast Guard that it will be conducting a fireworks display
from 9:30 through 10 p.m. on July 29, 2023, For the Christmas in July
Celebration. The fireworks are to be launched from a barge in Henderson
Bay approximately 1500 yards north of the town boat ramp located on the
southern shore of Henderson Harbor in Henderson Harbor, NY. Hazards
from firework displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port Buffalo (COTP) has determined that potential
hazards associated with the fireworks to be used in this display would
be a safety concern for anyone within a 140-yard radius of the barge.
In response, on June 21, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled Safety Zone; Henderson Bay, Henderson
Harbor, NY (88 FR 40134). There we stated why we issued the NPRM, and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended July 21, 2023,
we received one comment that was in support of the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
respond to the potential safety hazards associated with the fireworks
display.
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 Captain of the Port Buffalo
(COTP) has determined that potential hazards associated with the
fireworks to be used in this July 29, 2023 display will be a safety
concern for anyone within a 140-yard radius of the barge. The purpose
of this rule is to ensure safety of vessels and the navigable waters in
the safety zone before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment in support of our NPRM
published June 21, 2023. There are no changes in the regulatory text of
this rule from the proposed rule in the NPRM.
This rule establishes a safety zone that will be enforced from 9
p.m. through 10:30 p.m. on July 29, 2023. The safety zone will cover
all navigable waters within 140 yards of a barge in Henderson Harbor
located approximately 1500-yards north of the town boat ramp located on
the southern shore of Henderson Harbor in Henderson Harbor, NY. The
duration of the zone is intended to ensure the safety of vessels and
these navigable waters before, during, and after the scheduled 9 p.m.
through 10:30 p.m. fireworks display. No vessel or person will be
permitted to enter the safety zone 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 Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
[[Page 48735]]
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of Henderson Bay for less than 2 hour
during the evening when vessel traffic is normally low. Moreover, the
Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the zone.
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 (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 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
safety zone lasting 1.5 hours that would prohibit entry within 140
yards of a fireworks barge. 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. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble. We prepare a preliminary REC for these types of field
regulations because the DHS Instruction Manual (and U.S. Coast Guard
Environmental Planning Implementing Procedures) direct that a REC be
prepared for these specified field regulations when certain conditions
apply--see L59(a), L60(a), and L60(d).
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 165
Harbors, marine safety, navigation (water), reporting and
recordkeeping requirements, security measures, waterways.
For the reasons discussed in the preamble, the Coast Guard is
amending 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; 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.
00170.1, Revision No. 1.03.
0
2. In Sec. 165.939, amend Table 165.939, by adding entry (b)(34) to
read as follows:
Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port
Buffalo Zone.
* * * * *
[[Page 48736]]
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Enforcement date
Event Location \1\ and time \2\
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(b) July Safety Zones
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* * * * * * *
(34) Christmas in July Henderson Harbor, NY. On or around the
Fireworks. All waters within a last weekend of
420-foot radius of July.
the barge at position
43[deg]86'66'' N,
076[deg]20'97'' W in
Henderson Harbor, NY.
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\1\ All coordinates listed in Table 165.xxx 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.
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 21, 2023.
Sean M. Murray,
Commmander, U.S. Coast Guard, Alternate Captain of the Port Buffalo.
[FR Doc. 2023-16018 Filed 7-27-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on July 28, 2023.
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