[Federal Register Volume 76, Number 202 (Wednesday, October 19, 2011)]
[Rules and Regulations]
[Pages 64820-64822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26989]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

 [Docket No. USCG-2011-0848]
RIN 1625-AA00


Safety Zone; Mainardi/Kinsey Wedding Fireworks, Lake Erie, 
Lakewood, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in 
Lake Erie, Lakewood, OH for the Mainardi/Kinsey Wedding Fireworks. This 
temporary zone is intended to restrict vessels from a portion of Lake 
Erie during the Mainardi/Kinsey Wedding Fireworks on October 22, 2011. 
This temporary safety zone is necessary to protect spectators and 
vessels from the hazards associated with a firework display.

DATES: This rule is effective from 8:30 p.m. to 9:45 p.m. on October 
22, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2011-0848 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0848 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey

[[Page 64821]]

Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or e-mail Lt. Chris F. Mercurio, Chief Of Waterway 
Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, e-
mail [email protected]. If you have questions on 
viewing the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. The final details for this fireworks 
display were not received in sufficient time for the Coast Guard to 
solicit public comments before the start of the event. Thus, waiting 
for a notice and comment period to run would be impracticable and 
contrary to the public interest because to do so would inhibit the 
Coast Guard's ability to protect the public and vessels from the 
hazards associated with fireworks displays on navigable waters.
    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 the effective date of 
this rule would be impracticable and contrary to the public interest 
because to do so would inhibit the Coast Guard's ability to protect the 
public and vessels from the hazards associated with fireworks displays 
on navigable waters.

Background and Purpose

    Between 9 p.m. and 9:15 p.m. on October 22, 2011, a fireworks 
display will be held on the waters of Lake Erie near Lakewood, OH. The 
Captain of the Port Buffalo has determined that fireworks launched in 
proximity to watercraft pose a significant risk to the boating public. 
Such hazards include premature detonations, dangerous detonations, 
dangerous projectiles, and falling or burning debris that may cause 
death, serious bodily injury or property damage.

Discussion of Rule

    Because of the aforementioned hazards, the Captain of the Port 
Buffalo has determined that a temporary safety zone is necessary to 
ensure the safety of spectators and vessels during the setup, loading, 
and launching of the Mainardi/Kinsey wedding fireworks display. The 
safety zone will be in effect on October 22, 2011 from 8:30 p.m. to 
9:45 p.m. The safety zone will encompass all waters of Lake Erie in 
Lakewood, OH within a 700 foot radius of position 41[deg]29'34'' N and 
81[deg]49'39'' W (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
on-scene representative. The Captain of the Port or his on-scene 
representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS). The safety zone will be enforced for a relatively short 
time, vessels may pass around the zone, and vessels may still pass 
through the zone with permission of the Captain of the Port. Thus, we 
conclude that this rule is not a significant regulatory action because 
we anticipate that during the short time this zone will be in effect, 
it will have minimal impact on the economy, will not interfere with 
other agencies, will not adversely alter the budget of any grant or 
loan recipients, and will not raise any novel or legal policy issue.

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 or operators of vessels intending to transit 
or anchor in a portion of Lake Erie in Lakewood, OH on October 22, 2011 
from 8:30 p.m. until 9:45 p.m.
    This rule will not have a significant economic impact on a 
substantial number of small entities because of the minimal amount of 
time in which the safety zone will be enforced. This safety zone will 
only be enforced for one hour and fifteen minutes in a low vessel 
traffic area. Plus, vessel traffic can pass safely around the zone. 
Before the effective period, maritime advisories will be issued, which 
include a Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer 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 a substantial direct effect on State or local 
governments and would either preempt State law or

[[Page 64822]]

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 (adjusted for 
inflation) 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 cause 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 create 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. 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 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of 
the Instruction because this rule involves the establishment of a 
temporary safety zone. An environmental analysis checklist and a 
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.

    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. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
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 Sec.  165.T09-0848 to read as follows:


Sec.  165.T09-0848  Safety zone; Mainardi/Kinsey Wedding Fireworks, 
Lake Erie, Lakewood, OH.

    (a) Location. The temporary safety zone will encompass all U.S. 
navigable waters on Lake Erie, Lakewood, OH within a 700 foot radius of 
position 41[deg]29'34'' N and 81[deg]49'39'' W (NAD 83).
    (b) Effective and Enforcement Period. This rule will be effective 
and enforced from 8:30 p.m. until 9:45 p.m. on October 22, 2011.
    (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 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 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.
    (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. The Captain of the Port 
or his on-scene representative may be contacted via VHF Channel 16. The 
on-scene representative of the Captain of the Port will be aboard 
either a Coast Guard or Coast Guard Auxiliary vessel.
    (5) 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: September 29, 2011.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2011-26989 Filed 10-18-11; 8:45 am]
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