[Federal Register: August 9, 2006 (Volume 71, Number 153)]
[Rules and Regulations]
[Page 45389-45391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au06-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-113]
RIN 1625-AA00
Safety Zone; Pirate Days, Heart Island, Alexandria Bay, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing a portion of the navigable waters of the St. Lawrence
River in New York. 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 St. Lawrence River.
DATES: This rule is effective from 9 p.m. (local) until 10 p.m. (local)
on August 16, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD09-06-113 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. and 4 p.m.,
[[Page 45390]]
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. 533(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
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from the hazards associated with fireworks
displays. Based on 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.
The safety zone consists of all navigable waters of the St.
Lawrence River within 800 foot radius of the fireworks barge moored/
anchored in approximate position 44[deg]20'43'' N, 075[deg]55'18'' 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 it under that order.
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. The zone is in areas where the Coast Guard
expects insignificant adverse impact to mariners from its 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''
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 will affect the following entities, some of which might
be small entities: The owners or operators of commercial vessels
intending to transit a portion of the 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. (local) until 10 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 will 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 will 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 will
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 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 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 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.
[[Page 45391]]
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
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.
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 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.
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.
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; Public
Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
0
2. A new temporary Sec. 165.T09-113 is added to read as follows:
Sec. 165.T09-113 Safety Zone; Alexandria Bay, NY.
(a) Location. The following area is a temporary safety zone: all
waters of the St. Lawrence River within 800 foot radius of the
fireworks barge moored/anchored in approximate position 44[deg]20'43''
N, 075[deg]55'18'' W (NAD 83).
(b) Effective time and date. This section is effective from 9 p.m.
(local) until 10 p.m. (local) on August 16, 2006.
(c) Regulations.
(1) 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.
(2) This safety zone is closed to all vessel traffic except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone shall comply with all
directions given to them by the Captain of the Port Buffalo or his on-
scene representative.
Dated: July 6, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo, Sector Buffalo.
[FR Doc. E6-12938 Filed 8-8-06; 8:45 am]
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