[Federal Register: August 18, 2006 (Volume 71, Number 160)]
[Rules and Regulations]
[Page 47738-47740]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au06-15]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-146]
RIN 1625-AA00
Safety Zone; Celebrate Erie, Erie, PA
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 Presque Isle Bay during the
Celebrate Erie Fireworks on August 20, 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 Presque Isle Bay,
Erie, Pennsylvania.
DATES: This rule will be effective from 9:45 p.m. (local) until 10:30
p.m. (local) on August 20, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD09-06-146 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), 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 fireworks launch platforms will
help ensure the safety of persons and property at these events and help
minimize the associated risk.
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 Celebrate Erie. The fireworks
display will occur between 9:45 p.m. (local) and 10:30 p.m. (local) on
August 20, 2006.
The safety zone consists of all navigable waters of Presque Isle
Bay in
[[Page 47739]]
an 800-foot radius around a point at position: 42[deg]08'20'' N,
080[deg]05'29'' W, at the end of Dobbins Landing Pier, Erie, PA.
(DATUM: 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 must 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 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, 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 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 an area 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 Presque Isle Bay during the 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 for a very limited duration from 9:45
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
the event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Buffalo 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 (Public Law 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.
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
Executive Order 13132 and have determined that this rule does not have
implications for federalism under that Order.
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 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
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
[[Page 47740]]
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 M16475.1D,
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 final ``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.
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; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. A new temporary Sec. 165.T09-146 is added to read as follows:
Sec. 165.T09-146 Safety Zone; Celebrate Erie, Erie, PA.
(a) Location. The following area is a temporary safety zone: all
navigable waters of Presque Isle Bay in an 800-foot radius around a
point at position: 42[deg]08'0'' N, 080[deg]05'29'' W, at the end of
Dobbins Landing Pier, Erie, PA. (DATUM: NAD 83).
(b) Effective time and date. This section is effective from 9:45
p.m. (local) until 10:30 p.m. (local) on August 20, 2006.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, 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.
(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 must comply with all
directions given to them by the Captain of the Port Buffalo or his on-
scene representative.
Dated: August 8, 2006.
S. J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E6-13678 Filed 8-17-06; 8:45 am]
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