80 FR 37980 - Safety Zone; Erie Boom on the Bay Fireworks Display; Presque Isle Bay, Erie, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range		37980-37982
FR Document		2015-16353

The Coast Guard is establishing a temporary safety zone on Lake Erie, Presque Isle Bay, Erie, PA. This safety zone is intended to restrict vessels from a portion of Presque Isle Bay during the Erie Boom on the Bay fireworks display. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a fireworks display.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 37980-37982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16353]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0506]
RIN 1625-AA00


Safety Zone; Erie Boom on the Bay Fireworks Display; 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 
Lake Erie, Presque Isle Bay, Erie, PA. This safety zone is intended to 
restrict vessels from a portion of Presque Isle Bay during the Erie 
Boom on the Bay fireworks display. This temporary safety zone is 
necessary to protect mariners and vessels from the navigational hazards 
associated with a fireworks display.

DATES: This rule will be effective from 9:30 p.m. until 10:30 p.m. on 
July 4, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2015-0506]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. 
Coast Guard Sector Buffalo; telephone 716-843-9343, email 
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing 
the docket, call Ms. Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826 or 1-800-647-5527.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and 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 event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be impracticable and contrary to the public interest because it would 
inhibit the

[[Page 37981]]

Coast Guard's ability to protect spectators and vessels from the 
hazards associated with a maritime fireworks display. Therefore, under 
5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for 
making this temporary rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed 
above, waiting for a 30 day notice period to run would be impracticable 
and contrary to the public interest.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 
2064; and Department of Homeland Security Delegation No. 0170.1, which 
collectively authorize the Coast Guard to establish and define 
regulatory safety zones.
    Between 9:30 p.m. and 10:30 p.m. on July 4, 2015, a fireworks 
display will be held on the shoreline of Lake Erie, Presque Isle Bay in 
Erie, PA. It is anticipated that numerous vessels will be in the 
immediate vicinity of the launch point. The Captain of the Port Buffalo 
has determined that such a launch proximate to a gathering of 
watercraft pose a significant risk to public safety and property. Such 
hazards include premature and accidental detonations, dangerous 
projectiles, and falling or burning debris.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Buffalo has determined that this temporary safety zone is necessary to 
ensure the safety of spectators and vessels during the Erie Boom on the 
Bay fireworks display. This zone will be enforced from 9:30 p.m. until 
10:30 p.m. on July 4, 2015. This zone will encompass all waters of Lake 
Erie; Presque Isle Bay, Erie, PA within a 400-foot radius of position 
42[deg]8'20'' N. and 080[deg]5'29'' 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 
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 these statutes and 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.
    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 a 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

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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. 
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 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in a portion of Presque Isle Bay on the evening of 
July 4, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone would be effective, and thus subject to enforcement, for 
only 60 minutes late in the day. Traffic may be allowed to pass through 
the zone with the permission of the Captain of the Port. The Captain of 
the Port can be reached via VHF channel 16. Before the enforcement of 
the zone, we would issue local 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

[[Page 37982]]

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, 
therefore it 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 record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR parts 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.


Sec.  165.T09-0506   Safety Zone; Erie Boom on the Bay Fireworks 
Display; Presque Isle Bay, Erie, PA.

    (a) Location. This zone will encompass all waters of Lake Erie, 
Presque Isle Bay; Erie, PA within a 400-footradius of position 
42[deg]8'20'' N. and 080[deg]5'29'' W. (NAD 83).
    (b) Enforcement period. This regulation will be enforced on July 4, 
2015 from 9:30 p.m. until 10:30 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 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 must 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, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16353 Filed 7-1-15; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 37981

Coast Guard’s ability to protect based on these statutes and executive the zone, we would issue local
spectators and vessels from the hazards orders. Broadcast Notice to Mariners.
associated with a maritime fireworks
1. Regulatory Planning and Review 3. Assistance for Small Entities
display. Therefore, under 5 U.S.C.
553(d)(3), the Coast Guard finds that This rule is not a significant Under section 213(a) of the Small
good cause exists for making this regulatory action under section 3(f) of Business Regulatory Enforcement
temporary rule effective less than 30 Executive Order 12866, Regulatory Fairness Act of 1996 (Pub. L. 104–121),
days after publication in the Federal Planning and Review, as supplemented we want to assist small entities in
Register. For the same reasons by Executive Order 13563, Improving understanding this rule. If the rule
discussed above, waiting for a 30 day Regulation and Regulatory Review, and would affect your small business,
notice period to run would be does not require an assessment of organization, or governmental
impracticable and contrary to the public potential costs and benefits under jurisdiction and you have questions
interest. section 6(a)(3) of Executive Order 12866 concerning its provisions or options for
or under section 1 of Executive Order compliance, please contact the person
B. Basis and Purpose listed in the FOR FURTHER INFORMATION
13563. The Office of Management and
The legal basis and authorities for this Budget has not reviewed it under those CONTACT section above.
rule are found in 33 U.S.C. 1231, 46 Orders. Small businesses may send comments
U.S.C. Chapter 701, 3306, 3703; 50 We conclude that this rule is not a on the actions of Federal employees
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, significant regulatory action because we who enforce, or otherwise determine
6.04–6, and 160.5; Public Law 107–295, anticipate that it will have minimal compliance with, Federal regulations to
116 Stat. 2064; and Department of impact on the economy, will not the Small Business and Agriculture
Homeland Security Delegation No. interfere with other agencies, will not Regulatory Enforcement Ombudsman
0170.1, which collectively authorize the adversely alter the budget of any grant and the Regional Small Business
Coast Guard to establish and define or loan recipients, and will not raise any Regulatory Fairness Boards. The
regulatory safety zones. novel legal or policy issues. The safety Ombudsman evaluates these actions
Between 9:30 p.m. and 10:30 p.m. on zone created by this rule will be annually and rates each agency’s
July 4, 2015, a fireworks display will be relatively small and enforced for a responsiveness to small business. If you
held on the shoreline of Lake Erie, relatively short time. Also, the safety wish to comment on actions by
Presque Isle Bay in Erie, PA. It is zone is designed to minimize its impact employees of the Coast Guard, call 1–
anticipated that numerous vessels will on navigable waters. Furthermore, the 888–REG–FAIR (1–888–734–3247). The
be in the immediate vicinity of the safety zone has been designed to allow Coast Guard will not retaliate against
launch point. The Captain of the Port vessels to transit around it. Thus, small entities that question or complain
Buffalo has determined that such a restrictions on vessel movement within about this rule or any policy or action
launch proximate to a gathering of that particular area are expected to be of the Coast Guard.
watercraft pose a significant risk to minimal. Under certain conditions,
public safety and property. Such 4. Collection of Information
moreover, vessels may still transit
hazards include premature and through the safety zone when permitted This rule will not call for a new
accidental detonations, dangerous by the Captain of the Port. collection of information under the
projectiles, and falling or burning Paperwork Reduction Act of 1995 (44
debris. 2. Impact on Small Entities U.S.C. 3501–3520).
C. Discussion of the Final Rule Under the Regulatory Flexibility Act 5. Federalism
With the aforementioned hazards in (5 U.S.C. 601–612), we have considered A rule has implications for federalism
mind, the Captain of the Port Buffalo the impact of this rule on small entities. under Executive Order 13132,
has determined that this temporary The Coast Guard certifies under 5 U.S.C. Federalism, if it has a substantial direct
safety zone is necessary to ensure the 605(b) that this rule will not have a effect on the States, on the relationship
safety of spectators and vessels during significant economic impact on a between the national government and
the Erie Boom on the Bay fireworks substantial number of small entities. the States, or on the distribution of
display. This zone will be enforced from The Coast Guard certifies under 5 U.S.C. power and responsibilities among the
9:30 p.m. until 10:30 p.m. on July 4, 605(b) that this rule will not have a various levels of government. We have
2015. This zone will encompass all significant economic impact on a analyzed this rule under that Order and
waters of Lake Erie; Presque Isle Bay, substantial number of small entities. determined that this rule does not have
Erie, PA within a 400-foot radius of This rule will affect the following implications for federalism.
position 42°8′20″ N. and 080°5′29″ W. entities, some of which might be small
entities: The owners or operators of 6. Protest Activities
(NAD 83).
Entry into, transiting, or anchoring vessels intending to transit or anchor in The Coast Guard respects the First
within the safety zone is prohibited a portion of Presque Isle Bay on the Amendment rights of protesters.
unless authorized by the Captain of the evening of July 4, 2015. Protesters are asked to contact the
Port Buffalo or his designated on-scene This safety zone will not have a person listed in the FOR FURTHER
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER

representative. The Captain of the Port significant economic impact on a INFORMATION CONTACT section to
or his designated on-scene substantial number of small entities for coordinate protest activities so that your
representative may be contacted via the following reasons: This safety zone message can be received without
VHF Channel 16. would be effective, and thus subject to jeopardizing the safety or security of
enforcement, for only 60 minutes late in people, places, or vessels.
D. Regulatory Analyses the day. Traffic may be allowed to pass
We developed this rule after through the zone with the permission of 7. Unfunded Mandates Reform Act
considering numerous statutes and the Captain of the Port. The Captain of The Unfunded Mandates Reform Act
executive orders related to rulemaking. the Port can be reached via VHF of 1995 (2 U.S.C. 1531–1538) requires
Below we summarize our analyses channel 16. Before the enforcement of Federal agencies to assess the effects of

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Document Created: 2015-12-15 13:16:07
Document Modified: 2015-12-15 13:16:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule will be effective from 9:30 p.m. until 10:30 p.m. on July 4, 2015.
Contact		If you have questions on this rule, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527.
FR Citation		80 FR 37980
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

80 FR 37980 - Safety Zone; Erie Boom on the Bay Fireworks Display; Presque Isle Bay, Erie, PA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 127 (July 2, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard