[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36206-36208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10049]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-049]
RIN 1625-AA00


Safety Zone; Island Festival Fireworks Display, 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 at the Budweiser 
Amphitheater near Lock 24 in Baldwinsville, NY. This safety zone is 
necessary to ensure the safety of spectators and vessels from the 
hazards associated with fireworks displays. This safety zone restricts 
vessel traffic from a portion of the Seneca River at the Budweiser 
Amphitheater near Lock 24 in Baldwinsville, NY.

DATES: This rule is in effect from 10 p.m. (local) until 10:30 p.m. 
(local) on July 1, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of the docket [CGD09-06-049], and are available for 
inspection or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann 
Blvd, Buffalo, New York 14203 between 7 a.m. and 4 p.m. (local), 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:

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. This safety zone is temporary 
in nature and limited time existed for an NPRM.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
impracticable and contrary to public interest since immediate action is 
needed to minimize potential danger to the public during the fireworks 
demonstration.

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 displays pose significant 
risks to public safety and property.
    The likely combination of large numbers of recreational vessels, 
congested waterways, and alcohol use, could easily result in serious 
injuries or fatalities.

Discussion of Rule

    The proposed safety zone consists of all navigable waters of the 
Seneca River in a 500-foot radius around a point at approximate 
position: 43[deg]09[min]25[sec] N, 076[deg]20[min]21[sec] W (NAD 1983) 
in Baldwinsville, NY. All Geographic coordinates are North American 
Datum of 1983 (NAD 83). The size of this proposed zone was determined 
using the National Fire Prevention Association guidelines.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or his designated representative. The 
designated on-scene representative will be the patrol commander. Entry 
into, transiting, or anchoring within this safety zone is prohibited 
unless authorized by the Captain of the Port Buffalo or his designated 
on-scene representative. The Captain of the Port or his designated on-
scene representative may be contacted via VHF Channel 16.

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 the regulatory policies and procedures of DHS is 
unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone, and the zone is in areas where the Coast 
Guard expects insignificant adverse impact to mariners from the zone's 
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will have a significant impact on a 
substantial number of small entities. The term ``small entities''

[[Page 36207]]

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 may 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 will 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 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.

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.
    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 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-
800-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).

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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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

    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 will not create an 
environmental risk to health or risk to safety that might 
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. The Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action has not designated 
it. 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.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
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, this rule is categorically 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 final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

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:

[[Page 36208]]

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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add new temporary Sec.  165.T09-049 to read as follows:


Sec.  165.T09-049  Safety Zone; Island Festival Fireworks Display, 
Baldwinsville, NY.

    (a) Location. The following area is a temporary safety zone: all 
navigable waters of the Seneca River in a 500-foot radius around a 
point at approximate position: 43[deg]09'25'' N, 076[deg]20'21'' W (NAD 
1983) in Baldwinsville, NY. All Geographic coordinates are North 
American Datum of 1983 (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    Designated on-scene representative means Coast Guard Patrol 
Commanders including Coast Guard coxswains, petty officers, and other 
officers operating Coast Guard vessels, and federal, state, and local 
officers designated by or assisting the Captain of the Port (COTP), 
Buffalo, New York, in the enforcement of regulated navigation areas and 
safety and security zones.
    (c) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Buffalo.
    (2) 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.
    (d) Effective time and date. This section is effective from 10 p.m. 
(local) until 10:30 p.m. (local) on July 1, 2006.

    Dated: June 13, 2006.
S.J. Furguson,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
 [FR Doc. E6-10049 Filed 6-23-06; 8:45 am]
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