[Federal Register: January 21, 2005 (Volume 70, Number 13)]
[Rules and Regulations]
[Page 3145-3147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja05-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-04-140]
RIN 1625-AA00
Safety Zones; Captain of the Port Buffalo Zone
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing permanent safety zones on a
portion of Lake Ontario. These safety zones are necessary to ensure the
safety of spectators and vessels from the hazards associated with
fireworks displays. These safety zones restrict vessel traffic from
portions of Lake Ontario, New York, during annual fireworks displays.
DATES: This rule is effective February 22, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD9-02-009 and are available for inspection or
copying at U.S. Coast Guard Marine Safety Office Buffalo, 1 Fuhrmann
Blvd., Buffalo, NY 14203 between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Craig A. Wyatt, U.S. Coast Guard
MSO Buffalo, (716) 843-9570.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 10, 2002, the Coast Guard published an NPRM in the Federal
Register proposing 14 safety zones for annual firework displays in the
Captain of the Port Buffalo zone (67 FR 31747). We received no comments
on the proposal. No public hearing was requested, and none held.
Background and Purpose
On May 10, 2002, the Coast Guard published an NPRM in the Federal
Register proposing 14 safety zones for annual firework displays in the
Captain of the Port Buffalo zone (67 FR 31747). We proposed these
safety zones to control vessel traffic within the immediate location of
the fireworks launching area during annual fireworks displays. The
Coast Guard received no comments in response to this NPRM.
On May 3, 2004, the Coast Guard published a supplement to the
proposed regulation (69 FR 24112-1), which removed twelve events that
were proposed in the NPRM, added four new events (Ontario Memorial Day
Fireworks, Ontario, NY; Olcott Fireworks, Olcott, NY; Harbor Sound and
Light Festival, Sackets Harbor, NY; Village of Sackets Harbor July 4
Display, Sackets Harbor, NY), and revised the location and time of two
events (Oswego Independence Day Fireworks, and Oswego Harborfest
Fireworks Display). This final rule establishes 6 permanent safety
zones that will be enforced for marine events occurring annually at the
same location.
Based on recent accidents that have occurred in other Captain of
the Port zones, and the explosive hazard associated with these events,
the Captain of the Port has determined that fireworks launched in close
proximity to watercraft pose a significant risk to public safety and
property. The likely combination of large numbers of inexperienced
recreational boaters, congested waterways, darkness punctuated by
bright flashes of light, alcohol use, and debris falling into the water
could easily result in serious injuries or fatalities. Establishing a
safety zone to control vessel movement
[[Page 3146]]
in the vicinity of these marine event locations will help ensure the
safety of persons and property at these events and help minimize the
associated risk.
Establishing permanent safety zones provides better notice than
promulgating temporary rules annually, and decreases the amount of
annual paperwork required for these events. The Coast Guard has not
previously received notice of any impact caused by safety zones created
for these events in the past.
Discussion of Comments and Changes
The Coast Guard received no comments regarding the proposed
rulemaking.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. The
Office of Management and Budget has not reviewed this rule under that
order. It is not significant under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We expect the
economic impact of this rule to be so minimal that a full Regulatory
Evaluation under the regulatory policies and procedures of DHS is
unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zones, and all of the zones are in areas where
the Coast Guard expects insignificant adverse impact to mariners from
the zones? activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant impact on a
substantial number of small entities. 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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of commercial vessels
intending to transit a portion of an activated safety zone.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zones are only enforced for a few hours on the day of the event
on an annual basis. Vessel traffic can safely pass outside the safety
zones during the events.
In cases where traffic congestion is greater than expected or
blocks shipping channels, with the permission of the Captain of the
Port Buffalo, traffic may be allowed to pass through the safety zones
under Coast Guard or assisting agency escort. Before the annual
enforcement period, the Coast Guard will publish a notice of
implementation of regulation in the Federal Register, and will issue
maritime advisories in the Ninth Coast Guard District Local Notice to
Mariners, Marine Information Broadcasts and facsimile broadcasts--
forums widely available to users who might be in the affected area.
Additionally, the Coast Guard has not received any negative reports
from small entities affected during these displays in previous years.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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 so that they can better evaluate
its effects and participate in the rulemaking process. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact Marine Safety Office Buffalo (see
ADDRESSES).
Small businesses may send comments on 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).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule does not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule does not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b) (2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
[[Page 3147]]
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. This rule fits the category from paragraph
(34)(g) because it establishes a security zone.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
no. 0170.1.
0
2. Add Sec. 165.914 to read as follows:
Sec. 165.914 Safety Zones; Annual Fireworks Events in the Captain of
the Port Buffalo Zone.
(a) Safety zones. The following areas are designated safety zones:
(1) Oswego Independence Day Fireworks, Oswego, NY.
(i) Location. All waters of Oswego Harbor, in Lake Ontario, within
a 1,000-foot radius of the fireworks barge moored or anchored in
approximate position 43[deg]28'05'' N, 076[deg]31'01'' W (NAD 1983).
(ii) Enforcement date. The first Sunday in July.
(2) Oswego Harborfest Fireworks Display, Oswego, NY.
(i) Location. (A) All waters of Oswego Harbor within a 300-yard
radius around the fireworks barge located at 43[deg]28'08'' N,
076[deg]31'07'' W (NAD 1983).
(B) All waters surrounding the fireworks display on the western
break wall; 43[deg]27'55'' N, 076[deg]31'30'' W then to 43[deg]28'03''
N, 076[deg]31'12'' W then to 43[deg]27'54'' N, 076[deg]31'06'' W then
to 43[deg]27'48'' N, 076[deg]31'26'' W then back to the point of origin
(NAD 1983).
(ii) Enforcement date. The last Saturday during the last full week
of July.
(3) Ontario Memorial Day Fireworks, Ontario, NY.
(i) Location. All waters of Lake Ontario within a 200-yard radius
of the fireworks display at Bear Creek Harbor located in position
43[deg]16'39'' N, 077[deg]16'35'' W (NAD 1983).
(ii) Enforcement date. Memorial Day, the last Monday in May.
(4) Olcott Fireworks, Olcott, NY.
(i) Location. All waters of Lake Ontario within a 300-yard radius
of the fireworks display on the west break wall of the Olcott Harbor
entrance located in position 43[deg]20'25'' N, 078[deg]43'09'' W (NAD
1983).
(ii) Enforcement date. July 3.
(5) Harbor Sound and Light Festival, Sackets Harbor, NY.
(i) Location. All waters of Lake Ontario within a 300-yard radius
of the fireworks display on the beach just southwest of Mill Creek
located in position 43[deg]57'18'' N, 076[deg]06'35'' W (NAD 1983).
(ii) Enforcement date. The second Saturday in June.
(6) Village of Sackets Harbor July 4 Display, Sackets Harbor, NY.
(i) Location. All waters of Lake Ontario within a 200-yard radius
of the fireworks display on the beach of Battlefield State Park located
in position 43[deg]56'56'' N, 076[deg]07'43'' W (NAD 1983).
(ii) Enforcement date. July 4.
(b) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S.
Coast Guard vessel via siren, radio, flashing light, or other means,
the operator shall proceed as directed.
(3) Commercial vessels may request permission from the Captain of
the Port Buffalo to transit the safety zone. Approval will be made on a
case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via U.S. Coast Guard Group Buffalo on
Channel 16, VHF-FM.
(4) Marine Event Permits (CG-4423) will still need to be sent to
U.S. Coast Guard Group Buffalo, NY.
(c) Notice of annual enforcement period. The Captain of the Port
Buffalo will publish, at least 10 days in advance of each annual event,
a notice of implementation of regulation in the Federal Register. The
COTP may also issue notices in the Ninth Coast Guard District Local
Notice to Mariners the dates and times this section will be enforced
each year.
Dated: November 15, 2004.
P.M. Gugg,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 05-1103 Filed 1-19-05; 8:45 am]
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