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Safety Zone; Presque Isle Bay, Erie, Pennsylvania
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 19, 2001 (Volume 66, Number 139)]
[Rules and Regulations]
[Page 37582-37583]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy01-7]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD09-01-084]
RIN 2115-AA97
Safety Zone; Presque Isle Bay, Erie, Pennsylvania
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the navigable waters in Presque Isle Bay. The 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 Presque Isle Bay,
Erie, Pennsylvania.
DATES: This rule is effective from 9:30 p.m. through 10:30 p.m. on
August 19, 2001.
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 CGD09-01-084 and are available for inspection or
copying at 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: Lieutenant David Flaherty, U. S. Coast
Guard Marine Safety Office Buffalo, 1 Fuhrmann Blvd, Buffalo, New York
14203. The telephone number is (716) 843-9574.
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), the Coast Guard finds that good
cause exists for not publishing an NPRM, and, under 5 U.S.C. 553(d)(3),
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register. The Coast Guard had
insufficient advance notice to publish an NPRM followed by a temporary
final rule that would be effective before the necessary date.
Publication of a notice of proposed rulemaking and delay of effective
date would be contrary to the public interest because immediate action
is necessary to prevent possible loss of life, injury, or damage to
property. The Coast Guard has not received any complaints or negative
comments with regard to this event
Background and Purpose
A temporary safety zone is necessary to ensure safety of vessels,
spectators, and participants for the We Love Erie Days fireworks
display. Entry into, transit through or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his designated on-scene representative. The designated on-scene
representative will be the Patrol Commander and may be contacted via
VHF/FM Marine Channel 16.
The safety zone will encompass all navigable waters of Presque Isle
Bay within an 800-foot arc of the fireworks launch platform located at
the end of Dobbins Landing in position 42 deg.08'19" N, 080 deg.05'30"
W. These coordinates are based upon North American Datum 1983 (NAD 83).
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
[[Page 37583]]
the Department of Transportation (DOT) (44 FR 11040, February 26,
1979).
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them 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 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 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 will 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 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
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. 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.
Environment
The Coast Guard considered the environmental impact of this
regulation and concluded that, under figure 2-1, paragraph (34)(g) of
Commandant Instruction M16475.1C, it is categorically excluded from
further environmental documentation. A ``Categorical Exclusion
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subject in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons set out in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. A new temporary Sec. 165.T09-969 is added to read as follows:
Sec. 165.T09-969 Safety Zone; Presque Isle Bay, Erie, PA.
(a) Location: The following area is a temporary safety zone: all
navigable waters of Presque Isle Bay within an 800-foot arc around the
fireworks launch platform located at the end of Dobbins Landing in
approximate position 42 deg.08'19" N, 080 deg.05'30" W (NAD 83).
(b) Effective time and date. This section is effective from 9:30
p.m. until 10:30 p.m. (local) on August 19, 2001.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Coast Guard Captain of the Port, Buffalo, or the
designated Patrol Commander.
Dated: July 5, 2001.
S. D. Hardy,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 01-18108 Filed 7-18-01; 8:45 am]
BILLING CODE 4910-15-P