[Federal Register: June 22, 2004 (Volume 69, Number 119)]
[Rules and Regulations]
[Page 34573-34574]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn04-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-04-032]
RIN 1625-AA00
Safety Zone; Bear Creek Harbor, Ontario, 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 Lake Ontario within a 200-yard
radius of the fireworks display at Bear Creek Harbor. 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 Lake Ontario,
Calumet Island, Clayton, New York.
DATES: This rule is effective from 9:30 p.m. (local) until 11:30 p.m.
(local) on July 3, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD09-04-032] and are available for inspection or
copying at the 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 Craig A. Wyatt, U.S. Coast Guard
Marine Safety Office Buffalo, at (716) 843-9570.
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) and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for not publishing an NPRM and
for making this rule effective less than 30 days after publication in
the Federal Register. 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.
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 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 Lake Ontario
within a 200-yard radius of the fireworks display at Bear Creek Harbor
located in position 43[deg] 16' 39'' N, 077[deg] 16' 35'' 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.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or his designated on-scene patrol
representative. The designated on-scene patrol 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, 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).
This determination is based on the minimal time that vessels will
be restricted from the zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
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 vessels intending to
transit or anchor in this portion of Bear Creek Harbor from 9:30 p.m.
until 11:30 p.m. on July 3, 2004.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: This
safety zone is only in effect from 8 p.m. (local) until 10 p.m. (local)
on the day of the event.
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.
[[Page 34574]]
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.)
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).
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
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 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 would not effect 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.
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1 of Commandant Instruction M16475.1D,
this rule is categorically excluded from further environmental
documentation. A written categorical exclusion determination is
available in the docket for inspection or copying where indicated under
ADDRESSES.
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.
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.
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 record
keeping 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.T09-032 is added to read as follows:
Sec. 165.T09-032 Safety Zone; Bear Creek Harbor, Ontario, NY.
(a) Location. The following area is a temporary safety zone: All
waters of Lake Ontario within a 200-yard radius of the fireworks
display at Bear Creek Harbor located in position 43[deg] 16' 39'' N,
077[deg] 16' 35'' W (NAD 1983).
(b) Effective time and date. This section is effective from 9:30
p.m. (local) until 11:30 p.m. (local) on July 3, 2004.
(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: June 1, 2004.
P. M. Gugg,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 04-14069 Filed 6-21-04; 8:45 am]
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