[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Rules and Regulations]
[Pages 51264-51266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17159]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

CGD09-05-108
RIN 1625-AA00


Safety Zone; Celebrate Baldwinsville Fireworks, Baldwinsville, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the navigable waters of the Seneca 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 Seneca River, 
New York.

DATES: This rule is effective from 10 p.m. (local) until 10:30 p.m. 
(local) on September 17, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD09-05-108 and will be 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: LT Tracy Wirth, U. S. Coast Guard 
Sector Buffalo, at (716) 843-9573.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Pursuant to 5 U.S.C. 553, a notice of rulemaking (NPRM) has not 
been published for this regulation and good cause exists for making it 
effective without publication of an NPRM in the Federal Register. 
Publishing a NPRM would be contrary to public interest since immediate 
action is necessary to ensure the safety of vessels and persons that 
transit in the vicinity of the Tacoma Narrows Bridge. If normal notice 
and comment procedures were followed, this rule would not become 
effective until after the date of the event.
    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.

Discussion of Rule

    The safety zone consists of all navigable waters of the Seneca 
River within 800 foot radius of the fireworks barge moored/anchored in 
approximate position 43[deg]09'27'' N, 076[deg]20'25'' 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) (44 FR 11040, 
February 26, 1979). We expect the economic impact of this rule to be so 
minimal that a full Regulatory Evaluation under paragraph

[[Page 51265]]

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 commercial vessels 
intending to transit a portion of an activated safety zone.
    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 10 p.m. (local) until 10:30 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 (Pub. L. 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

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

    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 would not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not affect 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

    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.

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.

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.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the Instruction. Therefore, we believe that this rule should 
be categorically

[[Page 51266]]

excluded, under figure 2-1, paragraph (34)(g), of the Instruction, from 
further environmental documentation. This event establishes a safety 
zone; therefore, paragraph (34)(g) of the Instruction applies.
    A preliminary ``Environmental Analysis Check List'' is available in 
the docket where indicated under ADDRESSES. Comments on this section 
will be considered before we make the final decision on whether the 
rule should be categorically excluded from further environmental 
review.

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.T09-108 is added to read as follows:


Sec.  165.T09-108  Safety Zone; NY.

    (a) Location. The following area is a temporary safety zone: all 
waters of the Niagara River within an 800 foot radius of the fireworks 
barge moored/anchored in approximate position 43[deg]09'27'' N, 
076[deg]20'25'' W (NAD 83).
    (b) Effective time and date. This section is effective from 10 p.m. 
(local) until 10:30 p.m. (local) on September 17, 2005.
    (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: August 4, 2005.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 05-17159 Filed 8-29-05; 8:45 am]
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