[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Rules and Regulations]
[Pages 72558-72559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33579]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-99-085]
RIN 2115-AA97
Safety Zone: Lake Erie--Maumee River, Ohio
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Maumee River in the state of Ohio. This zone restricts the entry of
vessels into the area designated for the December 31st First Night
fireworks display. This temporary safety zone is necessary to protect
mariners in case of accidental misfire of faulty fireworks mortar
rounds. Entry of vessels into this zone is prohibited unless
specifically authorized by the Captain of the Port.
DATES: This rule is effective from 8:30 a.m. December 31, 1999, to
12:30 a.m. January 1, 2000.
ADDRESSES: The U.S. Coast Guard Marine Safety Office in Toledo, Ohio
maintains the public docket for this rule. Documents identified in this
rule will be available for public copying and inspection between 9:30
a.m. and 2 p.m., Monday through Friday, except federal holidays. The
Marine Safety Office is located at 234 Summit Street, Room 501, Toledo,
Ohio 43604, (419) 259-6372.
FOR FURTHER INFORMATION CONTACT: Chief Marine Science Technician
Michael Pearson, Asst. Chief of Port Operations, Marine Safety Office,
234 Summit Street, Room 501, Toledo, OH 43604, (419) 259-6372.
SUPPLEMENTARY INFORMATION: No notice of proposed rulemaking (NPRM) was
published for this regulation. Under 5 U.S.C. 553(b)(B), the Coast
Guard finds that good cause exists for not publishing 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. Publication of a notice of
proposed rulemaking and delay of effective date would be contrary to
public interest because immediate action is necessary to protect the
maritime public and other persons from the hazards associated with
firework displays. Due to extreme cold weather and expected lack of
vessel traffic during this time frame, publication of an NPRM was
deemed impractical.
Background and Purpose
This temporary rule is necessary to ensure the safety of the
maritime community during setup, loading and firing operations of
fireworks in conjunction with the City of Toledo's First Night
Fireworks. Entry into the safety zone without permission of the Captain
of the Port is prohibited. The Captain of the Port may be contacted via
Coast Guard Station Toledo on VHF-FM 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 it under that Order.
It is not ``significant'' under the regulatory policies and procedures
of the Department of Transportation (DOT) (44 FR 11040, February 26,
l979). This finding is based on the historical lack of vessel traffic
at this time of year.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 for less than one day when vessel traffic is
expected to be non-existent due to extremely cold weather. Vessel
traffic can pass safely around the safety zone.
Assistance for Small Entities
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), assistance to small entities in
understanding the rule so that they could better evaluate its effects
on them and participate in the rulemaking process is available upon
request. 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
[[Page 72559]]
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
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)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal Government's having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 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
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (34)(g), of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Vessels, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; and 33 CFR 1.05-1(g),
6.04-6, and 160.5; and 49 CFR 1.46.
2. A new temporary section 165.T09085 is added to read as follows:
Sec. 165.T09085 Safety Zone: Lake Erie, Maumee River, Ohio
(a) Location: The following area is a temporary safety zone: The
waters and adjacent shoreline extending from the bow of the museum ship
SS WILLIS B BOYER then NNE to the south end of the City of Toledo
Streets, Harbors and Bridges Building, then SW to the red nun buoy #64,
then SSE to the bow of the museum ship SS WILLIS B BOYER. A triangle as
formed by positions 41 deg.38'35'' N by 83 deg.31'54'' W,
41 deg.38'51'' N by 83 deg.31'50'' W, 41 deg.38'48'' N by
83 deg.31'58'' W (NAD 1983).
(b) Effective dates. This regulation is effective between the hours
of 8:30 a.m. on December 31, 1999 to 12:30 a.m. January 1, 2000, unless
terminated earlier by the Captain of the Port.
(c) Restrictions: In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port or the designated on-scene-patrol
personnel.
Dated: December 13, 1999.
D.L. Scott,
Commander, U.S. Coast Guard, Captain of the Port.
[FR Doc. 99-33579 Filed 12-27-99; 8:45 am]
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