[Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Rules and Regulations]
[Page 37833-37835]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy06-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-071]
RIN 1625-AA00
Safety Zone; Mineola Bay Fireworks, Fox Lake, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Mineola Bay Fireworks Display in Fox Lake, IL on July 1, 2006. The
safety zone is necessary to protect vessels and spectators from
potential airborne hazards during a planned fireworks display. This
safety zone is intended to restrict vessels from a portion of Mineola
Bay, Fox Lake, IL.
DATES: This temporary final rule is effective from 9:30 p.m. (local)
until 10 p.m. (local) on July 1, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CDG09-06-071] and are available for
inspection or copying at Marine Safety Unit Chicago, 215 W. 83rd
Street, Suite D, Burr Ridge, Illinois 60527, between 7:30 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: MST1 Franklin Spedoske, U.S. Coast
Guard Marine Safety Unit Chicago, at (630) 986-2155.
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), 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
A temporary safety zone is necessary to ensure the safety of
vessels and spectators from the hazards associated with fireworks
display. Based on the explosive hazard of fireworks, the Captain of the
Port Lake Michigan has determined firework 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, 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 location of the launch platform will help ensure the safety
of persons and property of these events and help minimize the
associated risks. Entry into, transiting, or anchoring within the
safety zone is prohibited unless authorized by the Captain of the Port
Lake Michigan or his designated on-scene representative and may be
contacted via VHF radio Channel 16.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading and launching of a
fireworks display in conjunction with the Mineola Bay Fireworks
display. The fireworks display will occur between 9:30 p.m. (local) and
10 p.m. (local) on July 1, 2006.
The safety zone will encompass all waters and adjacent shoreline of
Mineola Bay bounded by the arc of a circle with a radius of 600-feet
with its center in the approximate position 42[deg]23'45'' N;
088[deg]10'05'' W. These coordinates are based upon North American
Datum 1983 (NAD 1983). 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
representative. Entry into, transiting, or anchoring within the
[[Page 37834]]
safety zone is prohibited unless authorized by the Captain of the Port
Lake Michigan 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 temporary 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 it
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). The Coast Guard expects the economic impact
of this proposal to be so minimal that a full Regulatory Evaluation
under paragraph 10(e) of the regulatory policies and procedures of DHS
is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic 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 safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect from 9:30 p.m. (local) until 10 p.m. (local) on
July 1, 2006 for one event. In the event that this temporary safety
zone affects shipping, commercial vessels may request permission from
the Captain of the Port Lake Michigan to transit through the safety
zone. The Coast Guard will give notice to the public via a Broadcast to
Mariners that the regulation is in effect.
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 the rule so that they could better evaluate
its effects on them 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 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, call 1-888-REG-FAIR (1-888-734-3247).
Collection of Information
This rule contains no information collection requirements 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 an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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 create 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.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
[[Page 37835]]
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 safety zone.
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 safety zone Sec. 165.T09-071 is added to read as
follows:
Sec. 165.T09-071 Safety Zone; Mineola Bay Fireworks, Fox Lake, IL.
(a) Location. The following is a safety zone: all waters and
adjacent shoreline of Mineola Bay bounded by the arc of a circle with a
radius of 600-feet with its center in the approximate position
42[deg]23'45'' N, 088[deg]10'05'' W (NAD 1983).
(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 time and date. This rule is effective from 9:30 p.m.
(local) until 10 p.m. (local) on July 1, 2006.
(d) Regulations. In accordance with Sec. 165.23, entry into this
zone is prohibited unless authorized by the Coast Guard Captain of the
Port, Lake Michigan, or the designated on scene representative. Section
165.23 also contains other general requirements.
Dated: June 22, 2006.
S.P. LaRochelle,
Captain, U.S. Coast Guard, Captain of the Port Sector Lake Michigan.
[FR Doc. E6-10319 Filed 6-30-06; 8:45 am]
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