[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Rules and Regulations]
[Page 36196-36198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn06-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-052]
RIN 1625-AA00
Safety Zone; Village Fireworks, Sodus Point, 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 Sodus Bay on July 3, 2006. 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 Sodus Bay,
Sodus Point, NY.
DATES: This rule is effective from 10 p.m. (local) until 10:30 p.m.
(local) on July 3, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD09-06-052] and are available for
inspection or copying at: U.S. Coast Guard Sector Buffalo, 1 Fuhrmann
Blvd., Buffalo, New York 14203, between 8 a.m. (local) and 4 p.m.
(local), 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:
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. The permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date.
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 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 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 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.
[[Page 36197]]
Discussion of Rule
The safety zone will encompass all navigable waters of Sodus Bay in
a 500-foot radius around a point at approximate position 43[deg]16'27''
N, 076[deg]58'27'' W. The channel will be secured for the duration of
the event. 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.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port Buffalo or his designated on-scene
representative. The designated on-scene representative will be the
Patrol Commander. Entry into, transiting, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port
Buffalo or the Patrol Commander. The Captain of the Port or the Patrol
Commander 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, Regulatory Planning and Review, 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 it 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 paragraph 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
zone, with minor if any impact 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 reason: This
safety zone is only in effect from 10 p.m. (local) until 10:30 p.m.
(local) on the day of the event.
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 offered 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 Sector 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 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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would 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
We have 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not
[[Page 36198]]
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 procedure; and related management
system 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.lD
and Department of Homeland Security Management Directive 5100.1, which
guide 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 event establishes a safety zone therefore paragraph
(34)(g) of the Instruction applies.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
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.T09-052 is added to read as follows:
Sec. 165.T09-052 Safety Zone; Village Fireworks Display, Sodus Point,
NY.
(a) Location. The following area is a temporary safety zone: All
navigable waters of Sodus Bay in a 500-foot radius around a point at
approximate position: 43[deg]16'27'' N, 076[deg]58'27'' W (NAD 1983) in
Sodus Point, NY.
(b) Definitions. The following definitions apply to this section:
Designated on-scene representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers, and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the Captain of the Port (COTP), Buffalo, New
York, in the enforcement of regulated navigation areas and safety and
security zones.
(c) Effective period. This section is effective from 10 p.m.
(local) until 10:30 p.m. (local) on July 3, 2006.
(d) 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: June 13, 2006.
S.J. Furguson,
Captain, U.S. Coast Guard, Captain of the Port, Buffalo.
[FR Doc. E6-10045 Filed 6-23-06; 8:45 am]
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