[Federal Register: August 30, 2005 (Volume 70, Number 167)]
[Rules and Regulations]
[Page 51264-51266]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au05-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
CGD09-05-108
RIN 1625-AA00
Safety Zone; Celebrate Baldwinsville Fireworks, Baldwinsville, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the navigable waters of the Seneca River. This safety zone
is necessary to ensure the safety of spectators and vessels from the
hazards associated with fireworks displays. This safety zone is
intended to restrict vessel traffic from a portion of the Seneca River,
New York.
DATES: This rule is effective from 10 p.m. (local) until 10:30 p.m.
(local) on September 17, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD09-05-108 and will be available for
inspection or copying at: U.S. Coast Guard Marine Safety Office
Buffalo, 1 Fuhrmann Blvd, Buffalo, New York 14203, between 8 a.m. and 4
p.m., Monday through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U. S. Coast Guard
Sector Buffalo, at (716) 843-9573.
SUPPLEMENTARY INFORMATION:
Background and Purpose
Pursuant to 5 U.S.C. 553, a notice of rulemaking (NPRM) has not
been published for this regulation and good cause exists for making it
effective without publication of an NPRM in the Federal Register.
Publishing a NPRM would be contrary to public interest since immediate
action is necessary to ensure the safety of vessels and persons that
transit in the vicinity of the Tacoma Narrows Bridge. If normal notice
and comment procedures were followed, this rule would not become
effective until after the date of the event.
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 a safety zone 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 consists of all navigable waters of the Seneca
River within 800 foot radius of the fireworks barge moored/anchored in
approximate position 43[deg]09'27'' N, 076[deg]20'25'' W. All
Geographic coordinates are North American Datum of 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.
The Coast Guard believes this regulation will not pose any new
problems for commercial vessels transiting the area. In the unlikely
event that shipping is affected by this regulation, commercial vessels
may request permission from the Captain of the Port Buffalo to transit
through the safety zone.
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) (44 FR 11040,
February 26, 1979). We expect the economic impact of this rule to be so
minimal that a full Regulatory Evaluation under paragraph
[[Page 51265]]
10(e) of 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
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 a portion of an activated safety zone.
This safety zone would 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 10 p.m. (local) until 10:30 p.m.
(local) on the day of the event. Vessel traffic can safely pass outside
the safety zone during the event. In cases where traffic congestion is
greater than expected and/or blocks shipping channels, traffic may be
allowed to pass through the safety zone under Coast Guard or assisting
agency escort with the permission of the Captain of the Port Buffalo.
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 (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). 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.
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 rule would not result in such 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
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
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.
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.
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 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
[[Page 51266]]
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.
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. A new temporary Sec. 165.T09-108 is added to read as follows:
Sec. 165.T09-108 Safety Zone; NY.
(a) Location. The following area is a temporary safety zone: all
waters of the Niagara River within an 800 foot radius of the fireworks
barge moored/anchored in approximate position 43[deg]09'27'' N,
076[deg]20'25'' W (NAD 83).
(b) Effective time and date. This section is effective from 10 p.m.
(local) until 10:30 p.m. (local) on September 17, 2005.
(c) Regulations. In accordance with the general regulations in
Sec. 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: August 4, 2005.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 05-17159 Filed 8-29-05; 8:45 am]
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