[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Rules and Regulations]
[Pages 45391-45393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12939]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-115]
RIN 1625-AA00


Safety Zone; Labor Day Celebration 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, New York. 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.

DATES: This rule is effective from 9 p.m. (local) until 10 p.m. (local) 
on September 2, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD09-06-115 and are available for 
inspection or copying at: U.S. Coast Guard Sector 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:

[[Page 45392]]

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. The permit application was not 
received in time to publish an NPRM followed by a final rule before the 
effective date.
    Under 5 U.S.C. 533(d)(3), good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
Delaying this rule would be contrary to the public interest of ensuring 
the safety of spectators and vessels during this event, and immediate 
action is necessary to prevent possible loss of life or property. The 
Coast Guard has not received any complaints or negative comments 
previously with regard to this event.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from the hazards associated with fireworks 
displays. Based on 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 Seneca 
River within 800 foot radius of the fireworks barge moored/anchored in 
approximate position 43[deg]09'30'' N, 076[deg]20'24'' W. 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 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 proposed 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. 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 zone. The zone is in areas where the Coast Guard 
expects insignificant adverse impact to mariners from its 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 will affect the following entities, some of which might 
be small entities: The owners or operators of commercial vessels 
intending to transit a portion of the 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 9 p.m. (local) until 10 p.m. (local) 
on the day of the event. Vessel traffic can safely pass outside the 
proposed 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.

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 
affects your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please contact Sector 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 calls 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 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

    The Coast Guard has analyzed this rule under Executive Order 13045, 
Protection of Children from

[[Page 45393]]

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 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 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.

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.

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.T09-115 is added to read as follows:


Sec.  165.T09-115  Safety Zone; NY.

    (a) Location. The following area is a temporary safety zone: all 
waters of the Seneca River within 800 foot radius of the fireworks 
barge moored/anchored in approximate position 43[deg]09'30'' N, 
076[deg]20'23'' W (NAD 83).
    (b) Effective time and date. This section is effective from 9 p.m. 
(local) until 10 p.m. (local) on September 2, 2006.
    (c) Regulations.
    (1) 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.
    (2) This safety zone is closed to all vessel traffic except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone shall comply with all 
directions given to them by the Captain of the Port Buffalo or his on-
scene representative.

    Dated: July 6, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo, Sector Buffalo.
 [FR Doc. E6-12939 Filed 8-8-06; 8:45 am]
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