[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Rules and Regulations]
[Pages 37584-37585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18107]



[[Page 37584]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-01-014]
RIN 2115-AA97


Safety Zone; Rochester Harborfest Fireworks Display, Genesee 
River, Rochester, New York

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone, 
encompassing the navigable waters of Rochester Harbor and the Genesee 
River in Rochester, New York. This rule is necessary to protect 
participants, vessels, and spectators from the hazards associated with 
the storage, preparation, and launching of fireworks. The rule is 
intended to restrict vessel traffic from a portion of the waters of 
Rochester Harbor and the Genesee River, Rochester, New York.

DATES: This rule is effective from 9 p.m. until 11 p.m. (EST) on August 
11, 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 CGD09-01-014 and are available for inspection or 
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 
14203. The phone 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 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. 
Publication of an NPRM and delay of the 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.

Background and Purpose

    This safety zone is being established to ensure the safety of 
vessels, spectators and participants. All persons and vessels shall 
comply with the instructions of the Captain of the Port Buffalo or the 
designated on scene patrol personnel. 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 may be contacted via VHF/FM Marine Channel 
16.

Regulatory Evaluation

    This temporary rule is not a ``significant regulatory action'' 
under section 3(f) of Executive Order 12866, Regulation 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 review 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, 1979). 
The Coast Guard expects the economic impact of this final rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of the DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 rule will affect the following entities: the owners or 
operators of vessels intending to transit or anchor in a portion of 
Rochester Harbor from 9 p.m. to 11 p.m. (EST) on August 11, 2001.
    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 only two hours late in the day when vessel 
traffic is low. Vessel traffic may enter or transit through the safety 
zone with the permission of Captain of the Port Buffalo or the 
designated Patrol Commander. Before the effective period, we will issue 
maritime advisories, widely available to users of the harbor.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Marine Safety Office Buffalo 
(See ADDRESSES).
    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 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 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132, Federalism, 
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 will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

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.

[[Page 37585]]

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

    We have 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 create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (34)(g) of Commandant 
Instruction M16475.1C, 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.

Indian Tribal Governments

    This temporary final rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. A rule with tribal implications has a substantial direct 
effect on one or more Indian tribe, 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 
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.

    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

    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, and 160.5; 49 CFR 1.46.

    2. A new temporary Sec. 165.T09-945 is added to read as follows:


Sec. 165.T09-945  Safety Zone; Rochester Harborfest Fireworks Display, 
Genesee River, Rochester, New York.

    (a) Location. The following area is a temporary safety zone: all 
waters of Rochester Harbor and the Genesee River encompassed by an area 
300-yards around the fireworks barge moored/anchored in approximate 
position: 43 deg.15.8' N 077 deg.36.0' W. These coordinates are based 
on North American Datum 1983 (NAD 83).
    (b) Effective time and date. This section is effective from 9 p.m. 
through 11 p.m. (EST) on August 11, 2001.
    (c) Regulations.
    (1) The general regulations contained in 33 CFR 165.23 apply.
    (2) All persons and vessels shall comply with the instructions of 
the Captain of the Port Buffalo or the designated on scene patrol 
personnel. 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. Coast Guard patrol personnel 
include commissioned, warrant or petty officers of the U.S. Coast 
Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, 
flashing light, or other means, the operator shall proceed as directed. 
The Captain of the Port Buffalo or the designated Patrol Commander may 
be contacted via VHF Channel 16.

    Dated: June 21, 2001.
S.D. Hardy,
Commander, U.S. Coast Guard Captain of the Port Buffalo.
[FR Doc. 01-18107 Filed 7-18-01; 8:45 am]
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