[Federal Register Volume 77, Number 128 (Tuesday, July 3, 2012)]
[Rules and Regulations]
[Pages 39422-39425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16243]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0354]
RIN 1625-AA00
Safety Zone; A Salute to our Heroes Fireworks, Hamlin Beach State
Park, Hamlin, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule
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[[Page 39423]]
SUMMARY: The Coast Guard will establish a temporary safety zone on
Hamlin Beach State Park, Hamlin, NY. This safety zone is intended to
restrict vessels from a portion of water off Hamlin Beach State Park
during the A Salute to our Heroes fireworks on July 7, 2012. The safety
zone is necessary to protect participants, spectators, and vessels from
the hazards associated with a firework display.
DATES: This regulation will be effective July 7, 2012 from 9:45 p.m.
until 11:30 p.m.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket [USCG-2012-0354]. To view documents mentioned in
this preamble as being available by going to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and
click ``SEARCH.'' You may visit the Docket Management Facility,
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey 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 email LT Christopher Mercurio, Chief of
Waterway Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On May 23, 2012, we published a Notice of Proposed Rulemaking
(NPRM) entitled Safety Zone; A Salute to our Heroes, Hamlin Beach State
Park, Hamlin, NY in the Federal Register (77 FR 30448). We received 0
letters commenting on the proposed rule. No public meeting was
requested, and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard is issuing this temporary
final rule less than 30 days after publication in the Federal Register.
Under 5 U.S.C. 553(d)(3), an agency may issue a rule less than 30 days
before its effective date when the agency for good cause finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Accordingly, the Coast Guard finds that good cause
exists for publishing this temporary final rule less than 30 days
before its effective date because delaying the effective date of this
temporary final rule would prevent its enforcement on the scheduled
night of the event and thus, would preclude the Coast Guard from
protecting spectators and vessels from the hazards associated with a
maritime fireworks display.
B. Basis and Purpose
Between 10:15 p.m. and 11:00 p.m. on July 7, 2012, a fireworks
display will be held on the waters of Hamlin Beach State Park near
Hamlin, NY. The Captain of the Port Buffalo has determined that
fireworks launched proximate to watercraft pose a significant risk to
public safety and property. Such hazards include premature detonations,
dangerous detonations, dangerous projectiles, and falling or burning
debris.
C. Discussion of Comments, Changes and the Final Rule
As mentioned above, no comments were received from the public in
response to the NPRM that preceded this temporary rule. Furthermore,
there were no changes made between the proposed rule and this temporary
final rule. Thus, there are no comments and no changes to discuss.
Just as was described in the NPRM, the Captain of the Port Buffalo
has determined that a temporary safety zone is necessary to ensure the
safety of the boating public during the A Salute to Our Heroes
Fireworks. The safety zone will be effective and enforced from 9:45
p.m. until 11:30 p.m. on July 7, 2012. The safety zone will encompass
all waters off of Hamlin Beach State Park, Hamlin, NY within a 700 FT
radius of position 43[deg]21'51.9'' N, 77[deg]56'59.6'' W (DATUM: NAD
83). 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 representative may be contacted via VHF Channel 16.
D. 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.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that 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 legal or policy issues. The
safety zone created by this rule will be relatively small and enforced
for relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Furthermore, the safety zone
has been designed to allow vessels to transit around it. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received 0 comments from the Small Business Administration on this
rule. 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 temporary final rule may affect the following entities, some
of which may be small entities: The owners of operators of vessels
intending to transit or anchor in a portion of Lake Erie near Hamlin,
NY between 9:45 p.m. to 11:30 p.m. on July 7, 2012.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone would be activated, and thus subject to enforcement, for
only 105 minutes late in the day when vessel traffic is low. Vessel
traffic could pass safely around the safety zone. Before the effective
period, maritime advisories will be
[[Page 39424]]
issued, which include a Broadcast Notice to Mariners.
3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. 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.
9. 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.
10. 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.
11. 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the establishment of a safety zone and
thus, is categorically excluded from further review under paragraph
34(g) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.
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.T09-0354 to read as follows:
Sec. 165.T09-0354 Safety Zone; A Salute to Our Heroes, Hamlin Beach
State Park, Hamlin, NY.
(a) Location. The safety zone will encompass all waters off of
Hamlin Beach State Park, Hamlin, NY within a 700 FT radius of position
43[deg]21'51.9'' N and 77[deg]56'59.6'' W (NAD 83).
(b) Effective and Enforcement Period. This regulation is effective
and will be enforced on July 7, 2012 from 9:45 p.m. until 11:30 p.m.
(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
Buffalo is any Coast Guard commissioned, warrant or
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petty officer who has been designated by the Captain of the Port
Buffalo 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
Buffalo or his on-scene representative may be contacted via VHF Channel
16. 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 15, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-16243 Filed 7-2-12; 8:45 am]
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