[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Rules and Regulations]
[Pages 37585-37587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18106]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-010]
RIN 2115-AA97


Safety Zone; Niagara River, Tonawanda, NY

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone. The 
safety zone encompasses the navigable waters on the Niagara River in 
Tonawanda, New York. The action is necessary to protect participants 
and non-participants within the immediate area from the hazards 
associated with fireworks displays.

DATES: This rule is effective from 9:30 p.m. until 10:30 p.m. on July 
22, 2001.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09-01-010] and are available for inspection of 
copying at U.S. Coast Guard Marine Safety Office Buffalo, 1 Fuhrmann 
Blvd, Buffalo, NY 14203, between 8 a.m. and 3:30 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant David Flaherty, U. S. Coast 
Guard Marine Safety Office Buffalo, 1 Fuhrmann Blvd, Buffalo, NY. The 
telephone number is (716) 843-9574.

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, and, 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. The Coast Guard had 
insufficient advance notice to publish an NPRM followed by a temporary 
final rule that would be effective before the necessary date. 
Publication of a notice of proposed rulemaking and delay of effective 
date would be contrary to the public interest because immediate action 
is necessary to prevent possible loss of life, injury, or damage to 
property. The Coast Guard has not received any complaints or negative 
comments with regard to this event.

[[Page 37586]]

Background and Purpose

    A temporary safety zone is required to ensure safety of vessels and 
participants. Entry into, transit through or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port, 
Buffalo or the designated Patrol Commander. The designated Patrol 
Commander on scene may be contacted on Marine 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. It has not been reviewed by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (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 10e of the regulatory policies and 
procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) the 
Coast Guard considered whether this rule will have a significant impact 
on a substantial number of small businesses and not-for-profit 
organizations that are not dominant in their respective fields, and 
government jurisdictions with populations less than 50,000. For the 
same reasons set forth in the above regulatory evaluations, the Coast 
Guard certifies under section 605 (b) of the Regulatory Flexibility Act 
(5 U.S.C.601 et seq.) that this temporary final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effectiveness and participate in the rulemaking 
process. If your small business or organization is affected by this 
rule, and you have questions concerning its provisions or options for 
compliance, please contact the office listed in ADDRESSES in this 
preamble.

Collection of Information

    This rule contains no information collection requirements under the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 13132 and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment. This event is being 
conducted in concurrence with local authorities.

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 having first provided the funds to pay 
those costs. This temporary final rule would not impose an unfunded 
mandate.

Taking of Private Property

    This temporary final rule would 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 temporary final 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 temporary final 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 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. 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.

Environment

    The Coast Guard considered the environmental impact of this 
regulation and concluded that, under figure 2-1, paragraph (34)(g) of 
Commandant Instruction M16475.1C, it 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, Waterways.

    For the reasons set out in the preamble, the Coast Guard amends 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. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.


    2. A new temporary Sec. 165.T09-940 is added to read as follows:


Sec. 165.T09-940  Safety Zone: Niagara River, Tonawanda, NY.

    (a) Location. The following area is a temporary safety zone: The 
waters of the Niagara River within 300 yards of a fireworks barge 
moored/anchored with its center in approximate position 43 01' 52" N, 
078 53' 16" W. All coordinates in this section reference 1983 North 
American Datum (NAD83).
    (b) Effective time and date. This regulation is effective from 9:30 
p.m. until 10:30 p.m. (local) July 22, 2001.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is

[[Page 37587]]

prohibited unless authorized by the Coast Guard Captain of the Port 
Buffalo, or the designated Patrol Commander.

    Dated: June 21, 2001.
S.D. Hardy,
Commander, U.S. Coast Guard Captain of the Port Buffalo, NY.
[FR Doc. 01-18106 Filed 7-18-01; 8:45 am]
BILLING CODE 4910-15-U