29684 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

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 20, 2018. 

Joseph S. Dufresne, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2018–13643 Filed 6–25–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0078] 

RIN 1625–AA00 

Safety Zone; Officer Lehner Memorial 

Vintage Regatta; Buffalo Outer Harbor, 

Buffalo, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters on the Buffalo Outer 

Harbor, Buffalo, NY. This safety zone is 

intended to restrict vessels from 

portions of the Buffalo Outer Harbor 

during the Officer Lehner Memorial 

Vintage Regatta. This temporary safety 

zone is necessary to protect mariners 

and vessels from the navigational 

hazards associated with this regatta. 

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 9:45 

a.m. until 4:15 p.m. on July 1, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0078 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 on this rule, call or 

email LT Michael Collet, Chief of 

Waterways Management, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9322, email D09-SMB-SECBuffaloWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On December 27, 2017, the Buffalo 

Vintage Boat Racing Association and BR 

Guest Inc., notified the Coast Guard that 

it will be conducting a regatta on July 

1, 2018, from 10:00 a.m. until 4:00 p.m. 

on the Buffalo Outer Harbor. In 

response, on April 25, 2018, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled Officer 

Lehner Memorial Vintage Regatta; 

Buffalo Outer Harbor, Buffalo, NY (83 

FR 17962, April 25, 2018). There we 

stated why we issued the NPRM, and 

invited comments on our proposed 

regulatory action related to this regatta. 

During the comment period that ended 

May 25, 2018, we received no relevant 

comments. 

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 

would be contrary to the rule’s 

objectives of ensuring safety of life on 

the navigable waters and protection of 

persons and vessels in the vicinity of 

the planned regatta. 

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 the Officer Lehner Memorial 

Vintage Regatta presents significant 

risks to the public safety and property. 

This rule is needed to protect personnel, 

vessels, and the marine environment in 

the navigable waters within the safety 

zone while the regatta takes place. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

relevant comments on our NPRM 

published April 25, 2018. There are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

This rule establishes a safety zone on 

July 1, 2018 from 9:45 a.m. until 4:15 

p.m. The safety zone will encompass all 

navigable waters at the start point at 

position 42°52′04′′ N, 078°53′03′′ W, 

then South to 42°51′07′′ N, 078°52′09′′ 

W (NAD 83) on the Outer Harbor in 

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 10:00 

a.m. to 4:00 p.m. regatta. 

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 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 conclusion that this rule 

is not a significant regular action. Vessel 

traffic will be able to safely transit 

around this safety zone, which impacts 

a small designated area of the Buffalo 

Outer Harbor, by transiting a short 

distance in Lake Erie. The safety zone 

will also have built in times where 

vessels will be able to transit through 

the regatta area during event breaks. 

Moreover, the Coast Guard will issue a 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone, 

and the rule will 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 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. 


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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29685 

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 

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. 

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 establishes a 

temporary 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 

■ 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. 

■ 2. Add § 165.T09–0078 to read as 

follows: 

§ 165.T09–0078 Safety Zone; Officer 

Lehner Memorial Vintage Regatta; Buffalo 

Outer Harbor, Buffalo, NY. 

(a) Location. The safety zone will 

encompass all waters of the Outer 

Harbor, Buffalo, NY, starting at position 

42°52′04′′ N, 078°53′03′′ W then South 

to 42°51′07′′ N, 078°52′09′′ W (NAD 83). 

The course will extend a minimum of 

100 yards from the shore and the 

breakwall. 

(b) Enforcement period. This rule will 

be enforced from 9:45 a.m. until 4:15 

p.m. on July 1, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Buffalo (COTP) or his designated onscene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or his 

designated on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the COTP is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the COTP 

to act on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP Buffalo or his onscene representative to obtain 

permission to do so. The COTP or his 

on-scene representative may be 

contacted via VHF Channel 16 or at 

(716) 843–9322. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the COTP or 

his on-scene representative. 

Dated: June 20, 2018. 

Joseph S. Dufresne, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2018–13666 Filed 6–25–18; 8:45 am] 

BILLING CODE 9110–04–P 


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