[Federal Register Volume 69, Number 119 (Tuesday, June 22, 2004)]
[Rules and Regulations]
[Pages 34576-34578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14065]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-04-035]
RIN 1625-AA00


Safety Zone; Canal Fest, Tonowanda, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the navigable waters surrounding a barge moored on the 
Niagara River. This safety zone is necessary to ensure the safety of 
spectators and vessels from the hazards associated with fireworks 
displays. This safety zone is intended to restrict vessel traffic from 
a portion of the Niagara River, Tonowanda, New York.

DATES: This rule is effective from 9:30 p.m. (local) until 11:30 p.m. 
(local) on July 25, 2004.

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 (CGD09-04-035) and are available for inspection or 
copying at the U.S. Coast Guard Marine Safety Office Buffalo, 1 
Fuhrmann Blvd,

[[Page 34577]]

Buffalo, New York 14203, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Craig A. Wyatt, U.S. Coast Guard 
Marine Safety Office Buffalo, at (716) 843-9570.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Temporary safety zones are necessary to ensure the safety of 
vessels and spectators from the hazards associated with fireworks 
displays. Based on recent accidents that have occurred in other Captain 
of the Port zones, and the explosive hazard of fireworks, the Captain 
of the Port Buffalo has determined fireworks launches in close 
proximity to watercraft pose significant risks to public safety and 
property. The likely combination of large numbers of recreational 
vessels, congested waterways, darkness punctuated by bright flashes of 
light, alcohol use, and debris falling into the water could easily 
result in serious injuries or fatalities. Establishing a safety zone to 
control vessel movement around the locations of the launch platforms 
will help ensure the safety of persons and property at these events and 
help minimize the associated risk.
    The safety zone consists of all navigable waters of the Niagara 
River within the following boundaries: 43[deg]01'07'' N, 
078[deg]53''53'' W; to 43[deg]01'00'' N, 078[deg]53'29'' W; to 
43[deg]01'20'' N, 078[deg]53'03'' W; to 43[deg]01'30'' N, 
078[deg]53'30'' W; then following the shoreline back to the beginning 
(NAD 1983). The fireworks display will originate from a barge moored in 
the center of this zone at 43[deg]01'16'' N, 078[deg]53'32'' W. All 
Geographic coordinates are North American Datum of 1983 (NAD 83). The 
size of this zone was determined using the National Fire Prevention 
Association guidelines and local knowledge concerning wind, waves, and 
currents.
    The Coast Guard believes this regulation will not pose any new 
problems for commercial vessels transiting the area. In the unlikely 
event that shipping is affected by this regulation, commercial vessels 
may request permission from the Captain of the Port Buffalo to transit 
through the safety zone.

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 this rule under that 
order. It is not significant under the regulatory policies and 
procedures of the Department of Homeland Security (DHS) We expect the 
economic impact of this rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10(e) of the regulatory policies and 
procedures of DHS is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zones, and all of the zones are in areas where 
the Coast Guard expects insignificant adverse impact to mariners from 
the zones' activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant 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 
would not have a significant economic impact on a substantial number of 
small entities.
    This rule would affect the following entities, some of which might 
be small entities: The owners or operators of vessels intending to 
transit within the activated safety zone on the Niagara River between 
9:30 p.m. (local) and 11:30 p.m. (local) on July 25, 2004.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone is only in effect from 9:30 p.m. (local) until 11:30 p.m. 
(local) on the day of the event. Vessel traffic can safely pass outside 
the safety zone during the event. In cases where traffic congestion is 
greater than expected and/or blocks shipping channels, traffic may be 
allowed to pass through the safety zone under Coast Guard or assisting 
agency escort with the permission of the Captain of the Port Buffalo. 
Additionally, the Coast Guard has not received any negative reports 
from small entities affected during these displays in previous years.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects 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 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 would call 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) 
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 would not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

[[Page 34578]]

minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    The Coast Guard has 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 
concern 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 of Commandant Instruction M16475.1D, 
this rule is categorically excluded from further environmental 
documentation. A written categorical exclusion determination is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

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.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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

0
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; 50 
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1

0
2. A new temporary Sec.  165.T09-035 is added to read as follows:


Sec.  165.T09-035  Safety Zone; Canal Fest, Tonowanda, NY.

    (a) Location. The following area is a temporary safety zone: All 
navigable waters of the Niagara River within the following boundaries: 
Starting at 43[deg] 01' 07'' N, 078[deg] 53' 53'' W; then to 43[deg] 
01' 00'' N, 078[deg] 53' 29'' W; then to 43[deg] 01' 20'' N, 078[deg] 
53' 03'' W; then to 43[deg] 01' 30'' N, 078[deg] 53' 30'' W; then 
following the shoreline back to the beginning. The fireworks display 
will originate from a barge moored in the center of this zone at 
43[deg] 01' 16'' N, 078[deg] 53' 32'' W (NAD 83).
    (b) Effective time and date. This section is effective from 9:30 
p.m. (local) until 11:30 p.m. (local) on July 25, 2004.
    (c) Regulations. In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this safety zone is prohibited 
unless authorized by the Coast Guard Captain of the Port Buffalo, or 
his designated on-scene representative.

    Dated: June 1, 2004.
P.M. Gugg,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 04-14065 Filed 6-21-04; 8:45 am]
BILLING CODE 4910-15-P