[Federal Register: July 29, 2005 (Volume 70, Number 145)]
[Rules and Regulations]
[Page 43777-43779]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy05-19]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-100]
RIN 1625-AA00
Safety Zone; Oswego Harbor Fest Fireworks, Lake Ontario, Oswego,
NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Oswego Harbor Fireworks Display which will occur on July 30, 2005.
This safety zone is necessary to control vessel traffic within the
immediate location of the fireworks launch site and to ensure the
safety of life and property during the event. This safety zone is
intended to restrict vessel traffic from a portion of Lake Ontario.
DATES: This temporary final rule is effective from 9 p.m. on July 30,
2005 through 10 p.m. on July 30, 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 [CGD09-05-100] 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 Tracey Wirth, U.S. Coast Guard
Marine Safety Office Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203. The
telephone number is (716) 843-9574.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. 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. The permit
application was not received in time to publish an NPRM followed by a
final rule before the effective date. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event and immediate action is necessary to
prevent possible loss of life or property. The Coast Guard has not
received any complaints or negative
[[Page 43778]]
comments previously with regard to this event.
Background and Purpose
Temporary safety zones are necessary to ensure the safety of
vessels and spectators from the hazards associated with fireworks
displays. Based on recent accidents that have occurred in other Captain
of the Port zones, and the explosive hazard of fireworks, the Captain
of the Port Buffalo has determined fireworks launches in close
proximity to watercraft pose significant risks to public safety and
property. The likely combination of large numbers of recreational
vessels, 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 safety zones to
control vessel movement around the locations of the launch platforms
will help ensure the safety of persons and property at these events and
help minimize the associated risk.
Discussion of Rule
The safety zone will encompass all waters of Oswego Harbor, in Lake
Ontario, within a 1,000-foot radius of the fireworks barge moored/
anchored in approximate position 43[deg]28'10'' N, 076[deg]31'04'' W
The geographic coordinates are based upon North American Datum 1983
(NAD 83). The size of this zone was determined using the National Fire
Prevention Association guidelines and local knowledge concerning wind,
waves, and currents.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene patrol
representative. 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. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
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).
This determination is based on the minimal time that vessels will
be restricted from the zone, and therefore minor if any impacts to
Mariners.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of commercial vessels
intending to transit or anchor in the activated safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone is only in effect from 9 p.m. until 10 p.m. the day of the
event and allows vessel traffic to pass outside of the safety zone.
Before the effective period, we will issue maritime advisories widely
available to users of Lake Ontario by the Ninth Coast Guard District
Local Notice to Mariners, and Marine Information Broadcasts. Facsimile
broadcasts may also be made.
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 (Pub. L. 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
would 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 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).
Collection of Information
This rule would call 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 a 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule would not affect 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
[[Page 43779]]
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 proposed rule under Executive Order 13211,
Actions 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 proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination 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, we believe that this rule should
be categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation. This event
establishes a safety zone therefore paragraph (34)(g) of the
Instruction applies.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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, 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A new temporary Sec. 165.T09-100 is added to read as follows:
Sec. 165.T09-100 Safety Zone; Oswego Harbor Fest Fireworks, Lake
Ontario, Oswego, NY.
(a) Location. The safety zone will encompass all waters of Oswego
Harbor, in Lake Ontario, within a 1,000-foot radius of the fireworks
barge moored/anchored in approximate position 43[deg]28'10'' N,
076[deg]31'04'' W. The geographic coordinates are based upon North
American Datum 1983 (NAD 83).
(b) Effective time and date. This section is effective from 9 p.m.
until 10 p.m. on July 30, 2005.
(c) Regulations. In accordance with the general regulations in
165.23 of this part, entry into this safety zone is prohibited unless
authorized by the Coast Guard Captain of the Port Buffalo, or his
designated on-scene representative.
Dated: July 20, 2005.
S.J. Ferguson,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 05-15072 Filed 7-28-05; 8:45 am]
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