[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Rules and Regulations]
[Pages 40610-40611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14970]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD09-02-029]
RIN 2115-AA97


Safety Zone; Buffalo River, Buffalo, NY

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 the Buffalo River. The safety zone 
is necessary to ensure the safety of persons and vessels from the 
hazards associated with blasting operations being conducted in the 
Buffalo River in the vicinity of the Buffalo Naval and Servicemen's 
Park. This safety zone is intended to restrict vessel traffic from a 
portion of the Buffalo River in Buffalo, NY.

DATES: This rule is effective from 3:30 p.m. on May 31, 2002 until 4:30 
p.m. on July 31, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD09-02-023 and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office Buffalo, 
1 Fuhrmann Blvd, Buffalo, New York 14203 between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant Commander David Flaherty, 
U. S. Coast Guard Marine Safety Office Buffalo, at (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.

Background and Purpose

    A temporary safety zone is necessary to ensure the safety of 
vessels and the general public during blasting operations in the 
Buffalo River in the vicinity of the Naval and Servicemen's Park. Entry 
into, transit through or anchoring within this safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The designated on-scene 
representative will be the Patrol Commander and may be contacted via 
VHF/FM Marine 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 Transportation 
(DOT) (44 FR 11040, February 26, 1979).

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.

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 the rule so that they could 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 of 1995 (44 U.S.C. 3501-3520).

[[Page 40611]]

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 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 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.

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.

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.

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:
    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. From May 31, 2002 until July 31, 2002 a new temporary 
Sec. 165.T09-029 is added to read as follows:


Sec. 165.T09-029  Safety Zone; Buffalo River, Buffalo, NY

    (a) Location: The following area is a temporary safety zone: all 
navigable waters of the Buffalo River from 42 deg.52'23'''' N, 
078 deg.52'46'''' W; east northeast to 42 deg.52'26'''' N, 
078 deg.52'39'''' W; then northwest along the shoreline to 
42 deg.52'41'''' N, 078 deg.53'10'''' W; then south to 42 deg.52'3'''' 
N, 078 deg.53'10'''' W; then along the shoreline back to the starting 
point. These coordinates are based upon North American Datum 1983.
    (b) Enforcement Period. This section is effective from 3:30 p.m. 
May 31, 2002 until 4:30 p.m. July 31, 2002. The safety zone will be 
enforced during these dates from 3:30 p.m. until 4:30 p.m. excluding 
weekends and holidays, unless the Coast Guard Captain of the Port 
Buffalo or the designated Patrol Commander cease enforcement. The 
designated Patrol Commander on scene may be contacted on VHF Channel 
16.
    (c) Regulations. In accordance with the general regulations in 
Sec. 165.23 of this part, entry into this zone is prohibited unless 
authorized by the Coast Guard Captain of the Port, Buffalo, or the 
designated Patrol Commander.

    Dated: May 22, 2002.
S.D. Hardy,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 02-14970 Filed 6-12-02; 8:45 am]
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