[Federal Register: June 19, 2009 (Volume 74, Number 117)]
[Proposed Rules]
[Page 29151-29153]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn09-20]
[[Page 29151]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0461]
RIN 1625-AA00
Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Buffalo Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishment of safety zones for
annual events in the Captain of the Port Buffalo Zone. This proposed
rule adds events not previously published in Coast Guard regulations.
These safety zones are necessary to protect spectators, participants,
and vessels from the hazards associated with fireworks displays or
other events.
DATES: Comments and related materials must reach the Coast Guard on or
before July 20, 2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2009-0461 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Federal eRulemaking Port: http://www.regulations.gov.
(2) Fax: 202-493-2251
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: LT Brian Sadler, Waterways Management
Division Chief, Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203;
telephone 716-843-9573, e-mail Brian.L.Sadler@USCG.MIL. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0461), indicate the specific section of this
document to which each comment applies, and give the reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0461'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0461 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
We propose these safety zones to control vessel traffic within the
immediate location of the fireworks launching area during annual
fireworks displays.
The Coast Guard is now proposing to add 6 permanent safety zones in
33 CFR 165.939. Establishing permanent safety zones provides better
notice than promulgating temporary rules annually, and decreases the
amount of paperwork required for these events. The Coast Guard has not
previously received notice of any impact caused by safety zones created
for these events.
These safety zones are necessary to protect vessels and people from
the hazards associated with fireworks displays or other events. Such
hazards include obstructions to the waterway that may cause marine
casualties and the explosive danger of fireworks and debris falling
into the water that may cause death or serious bodily harm.
Discussion of Proposed Rule
The proposed rule and associated safety zones are necessary to
ensure the safety of vessels and people during
[[Page 29152]]
annual firework events in the Captain of the Port Buffalo area of
responsibility that may pose a hazard to the public.
The proposed safety zones will be enforced only immediately before,
during, and after events that pose hazard to the public, and only upon
notice by the Captain of the Port.
The Captain of the Port Buffalo will notify the public that the
zones in this proposal are or will be enforced by all appropriate means
to the affected segments of the public including publication in the
Federal Register as practicable, in accordance with 33 CFR 165.7(a).
Such means of notification may also include, but are not limited to
Broadcast Notice to Mariners or Local Notice to Mariners. The Captain
of the Port will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety zone established by this section
is cancelled.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port Buffalo or the designated
representative. Entry into, transiting, or anchoring within the safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
Zone, or his designated representative. The Captain of the Port Buffalo
Zone or his designated representative may be contacted via VHF Channel
16.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The Coast
Guard's use of these safety zones will be periodic, of short duration,
and designed to minimize the impact on navigable waters. These safety
zones will only be enforced immediately before, during, and after the
time the events occur. Furthermore, these safety zones have been
designed to allow vessels to transit unrestricted to portions of the
waterways not affected by the safety zones. The Coast Guard expects
insignificant adverse impact to mariners from the activation of these
safety zones.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the areas designated as safety zones
during the dates and times the safety zones are being enforced.
These safety zones would not have a significant economic impact on
a substantial number of small entities for the following reasons: This
proposed rule would be in effect for short periods of time, and only
once per year, per zone. The safety zones have been designed to allow
traffic to pass safely around the zone whenever possible and vessels
will be allowed to pass through the zones with the permission of the
Captain of the Port.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact CDR Joseph
Boudrow, Prevention Dept. Chief, Sector Buffalo, 1 Fuhrmann Blvd.,
Buffalo, NY 14203; telephone 716-843-9572, e-mail
Joseph.A.Boudrow@uscg.mil. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed rule will not result in such
expenditure, we nevertheless discuss its effects elsewhere in this
preamble.
Taking of Private Property
This proposed rule will not affect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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 proposed rule does not have tribal implications under
Executive
[[Page 29153]]
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.1D, which guide 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 this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of safety zones and as such should be
categorically excluded, under figure 2-1, paragraph 34(g) of the
Instruction from further environmental documentation.
We seek any comments or information that may lead to the discovery
of a significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Public Law 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1
2. In Sec. 165.939 revise paragraph (a) introductory text and add
paragraphs (a)(27) through (32) to read as follows:
Sec. 165.939 Safety Zones; Annual Fireworks Events in the Captain of
the Port Buffalo Zone.
(a) Safety Zones:
* * * * *
(27) Independence Celebration Fireworks, Lake Ontario, Oswego
Harbor, Oswego, NY--(i) Location. All waters of Lake Ontario at within
an 800-foot radius of position 43[deg]28'05'' N, 076[deg]31'01'' W; in
Oswego Harbor, Oswego, NY. (DATUM: NAD 83).
(ii) Enforcement date. One day in the first week of July.
(28) Rochester Harborfest, Lake Ontario at the Genesee River,
Rochester, NY--(i) Location. All waters of Lake Ontario at Genesee
River, within a 500-foot radius of position 43[deg]15'21'' N,
077[deg]36'19'' W; in Rochester, NY. [DATUM: NAD 83]. Located on the
Ontario Beach West pier.
(ii) Enforcement date. One weekend after Fathers Day weekend in
June.
(29) A Salute to Our Hero's, Lake Ontario, Hamlin, NY--(i)
Location. All waters of Lake Ontario within a 300-foot radius of
position 43[deg]16'27'' N, 076[deg]58'27'' W; off Hamlin Beach State
Park Area 1. (DATUM: NAD 83).
(ii) Enforcement date. One day in the first week of July.
(30) Olcott NY Fireworks, Lake Ontario, Olcott, NY--(i) Location.
All waters of Lake Ontario within a 600-foot radius of position
43[deg]20'24'' N, 078[deg]43'09'' W; located on the West Federal Pier
in Olcott, NY. (DATUM: NAD 83).
(ii) Enforcement date. One day in the first week of July.
(31) Erie Summer Festival of the Arts, Lake Erie, Presque Isle Bay,
Erie, PA--(i) Location. All waters of Lake Erie, Presque Isle Bay
within a 420-foot radius of position 42[deg]07'45'' N, 080[deg]06'20''
W; in Erie, PA (DATUM: NAD 83).
(ii) Enforcement date. One day in the last week of June.
(32) Mercyhurst College ``Old Fashion 4th of July,'' Lake Erie,
Presque Isle Bay, Erie, PA--(i) Location. All waters of Lake Erie,
Presque Isle Bay 1,000 feet NW of the Chestnut Street Boat Launch in a
400-foot radius of position 42[deg]08'41'' N, 080[deg]06'40'' W; in
Erie, PA. (DATUM: NAD 83).
(ii) Enforcement date. One day in the first week of July.
Dated: June 4, 2009.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E9-14381 Filed 6-18-09; 8:45 am]
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