[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34614-34616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12141]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-07-034]
RIN 1625-AA00


Safety Zone; Mercyhurst College ``Old Fashion 4th of July'' 
Presque Isle Bay, Erie, PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Presque Isle Bay and Lake Erie near Erie, Pennsylvania. This zone is 
intended to restrict vessels from a portion of Presque Isle Bay and 
Lake Erie during the Mercyhurst College ``Old Fashion 4th of July'', 
fireworks display on July 4, 2007. This temporary safety zone is 
necessary to protect spectators and vessels from the hazards associated 
with fireworks displays.

DATES: This rule is effective from 10 p.m. (local) to 10:30 p.m. 
(local) on July 4, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD09-07-034 and are available for 
inspection or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann 
Boulevard, Buffalo, NY 14203 between 8 a.m. (local) and 3 p.m. (local), 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard 
Sector Buffalo, (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)(3)(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. 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. For the same 
reasons, the Coast Guard also finds, under 5 U.S.C. 553(d)(3), that 
good cause exists for making this rule effective fewer than 30 days 
after publication in the Federal Register.

Background and Purpose

    This temporary safety zone is necessary to protect vessels and 
spectators from the hazards associated with a fireworks display. Based 
on accidents that have occurred in other Captain of the Port zones, and 
the explosive hazards of fireworks, the Captain of the Port Buffalo has 
determined that fireworks launches proximate to watercraft pose a 
significant risk to public safety. The likely combination of large 
numbers of recreation vessels, congested waterways, darkness punctuated 
by bright flashes of light, and debris falling into the water could 
easily result in serious injuries or fatalities. Establishing a safety 
zone to control vessel movement around the location of the launch 
platform will help ensure the safety of persons and property at these 
events and help minimize the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
spectators and vessels during the setup, loading and launching of a 
fireworks display in conjunction with the Mercyhurst College ``Old 
Fashion 4th of July'' fireworks display. The fireworks display will 
occur between 10 p.m. (local) and 10:30 p.m. (local) on July 4, 2007. 
The safety zone for the fireworks will encompass all waters of Presque 
Isle Bay and Lake Erie, Erie, PA within a five hundred foot radius of 
position 42[deg]08'41'' N, 080[deg]06'40'' W. [DATUM: NAD 83].
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. Entry into, transiting, or anchoring within the 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

[[Page 34615]]

representative may be contacted on VHF 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.
    This determination is based on the minimal time that vessels will 
be restricted from the zone, and the zone is an area 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 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. This rule will affect the following entities, some of which 
may be small entities: The owners and operators of vessels intending to 
transit or anchor in a portion of Presque Isle Bay and Lake Erie, near 
Erie, PA between 10 p.m. (local) and 10:30 p.m. (local) on July 4, 
2007.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect for only thirty minutes for one event. Vessel 
traffic can safely pass outside the safety zone during the event. In 
the event that this temporary safety zone affects shipping, commercial 
vessels may request permission from the Captain of the Port Buffalo to 
transit through the safety zone. The Coast Guard will give notice to 
the public via a Broadcast to Mariners that the regulation is in 
effect.

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 the rule so that they can better evaluate its 
effects on them 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 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). 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 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 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 an 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 does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that these special local regulations and 
fishing rights protection need not be incompatible. We have also 
determined that 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. 
Nevertheless, Indian Tribes that have questions concerning the 
provisions of this Proposed Rule or options for compliance are 
encouraged to contact the point of contact listed under FOR FURTHER 
INFORMATION CONTACT.

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 has not designated it 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

[[Page 34616]]

technical standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedure; and related 
management system 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. That paragraph applies because this event establishes a 
safety zone. 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:

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, 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. Add temporary Sec.  165.T09-034 to read as follows:


Sec.  165.T09-034  Safety zone; Mercyhurst College ``Old Fashion 4th of 
July'', Presque Isle Bay, Erie, PA.

    (a) Location. The following area is a temporary safety zone: All 
waters of Presque Isle Bay and Lake Erie, from surface to bottom, 
within a five hundred foot radius of position 42[deg]08'41'' N, 
080[deg]06'40'' W. [DATUM: NAD 83].
    (b) Effective period. This regulation is effective from 10 p.m. 
(local) to 10:30 p.m. (local), on July 4, 2007.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, 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.
    (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 on 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 must comply with all 
directions given to them by the Captain of the Port Buffalo or his on-
scene representative.

    Dated: June 11, 2007.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E7-12141 Filed 6-22-07; 8:45 am]
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