[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Rules and Regulations]
[Page 36206-36208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn06-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-049]
RIN 1625-AA00
Safety Zone; Island Festival Fireworks Display, 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 at the Budweiser
Amphitheater near Lock 24 in Baldwinsville, NY. This safety zone is
necessary to ensure the safety of spectators and vessels from the
hazards associated with fireworks displays. This safety zone restricts
vessel traffic from a portion of the Seneca River at the Budweiser
Amphitheater near Lock 24 in Baldwinsville, NY.
DATES: This rule is in effect from 10 p.m. (local) until 10:30 p.m.
(local) on July 1, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket [CGD09-06-049], and are available for
inspection or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann
Blvd, Buffalo, New York 14203 between 7 a.m. 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. This safety zone is temporary
in nature and limited time existed for 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. Delaying this rule would be
impracticable and contrary to public interest since immediate action is
needed to minimize potential danger to the public during the fireworks
demonstration.
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 displays pose significant
risks to public safety and property.
The likely combination of large numbers of recreational vessels,
congested waterways, and alcohol use, could easily result in serious
injuries or fatalities.
Discussion of Rule
The proposed safety zone consists of all navigable waters of the
Seneca River in a 500-foot radius around a point at approximate
position: 43[deg]09[min]25[sec] N, 076[deg]20[min]21[sec] W (NAD 1983)
in Baldwinsville, NY. All Geographic coordinates are North American
Datum of 1983 (NAD 83). The size of this proposed zone was determined
using the National Fire Prevention Association guidelines.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or his designated 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 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). 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 zone, and the zone is in areas where the Coast
Guard expects insignificant adverse impact to mariners from the zone's
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant impact on a
substantial number of small entities. The term ``small entities''
[[Page 36207]]
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 may 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 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 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 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.
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.
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 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-
800-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 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 will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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
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 will not create an
environmental risk to health or risk to safety that might
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 as a significant energy action has not designated
it. 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.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:
[[Page 36208]]
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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add new temporary Sec. 165.T09-049 to read as follows:
Sec. 165.T09-049 Safety Zone; Island Festival Fireworks Display,
Baldwinsville, NY.
(a) Location. The following area is a temporary safety zone: all
navigable waters of the Seneca River in a 500-foot radius around a
point at approximate position: 43[deg]09'25'' N, 076[deg]20'21'' W (NAD
1983) in Baldwinsville, NY. All Geographic coordinates are North
American Datum of 1983 (NAD 83).
(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) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Buffalo.
(2) 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.
(d) Effective time and date. This section is effective from 10 p.m.
(local) until 10:30 p.m. (local) on July 1, 2006.
Dated: June 13, 2006.
S.J. Furguson,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E6-10049 Filed 6-23-06; 8:45 am]
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