Safety Zone; Presque Isle Bay, Dobbins Landing, Erie, PA, 32241-32243 [05-10941]
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Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
significant rule and does not concern an
environmental risk to health or risk to
safety that may disproportionately affect
children.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f) and
have determined that there are no
factors in this case that limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction from further environmental
documentation. Paragraph (34)(g) is
applicable to this event because this
rule establishes a safety zone.
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’’
VerDate jul<14>2003
15:00 Jun 01, 2005
Jkt 205001
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.
DEPARTMENT OF HOMELAND
SECURITY
List of Subjects in 33 CFR Part 165
32241
Safety Zone; Presque Isle Bay,
Dobbins Landing, Erie, PA
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 part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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
I 2. Add new temporary § 165.T09–017
to read as follows:
§ 165.T09–017 Safety Zone; Rochester
Harbor Fireworks, Rochester, NY
(a) Location. The following area is a
temporary safety zone: all waters of
Rochester Harbor and the Genesee River
encompassed by an area 400-yards
around the West Jetty pier in
approximate position: 43°15′40″ N,
077°36′05″ W. These coordinates are
based upon NAD 83.
(b) Regulations. (1) Entry into or
remaining in this zone is prohibited
unless authorized by the Coast Guard
Captain of the Port, Buffalo.
(2) In accordance with the general
regulations in § 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 onscene representative.
(c) Effective time and date. This
section is effective from 9 p.m. through
10 p.m. (local) on June 25, 2005.
Dated: May 18, 2005.
K.C. Burke,
Commander, U.S. Coast Guard, Acting
Captain of the Port Buffalo.
[FR Doc. 05–10940 Filed 6–1–05; 8:45 am]
BILLING CODE 4910–15–P
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Coast Guard
33 CFR Part 165
[CGD09–05–016]
RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone
encompassing the navigable waters of
Presque Isle Bay. This safety zone is
necessary to ensure the safety of
spectators and vessels from the hazards
associated with fireworks displays. This
safety zone restricts vessel traffic from a
portion of Lake Erie and Presque Isle
Bay, Erie, Pennsylvania.
DATES: This rule is effective from 10
p.m. until 10:30 p.m. on June, 21, 2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of the docket (CGD09–
05–016], and are available for inspection
or copying at U.S. Coast Guard Marine
Safety Office (MSO) Buffalo, 1
Fuhrmann Blvd, Buffalo, New York
14203 between 7 a.m. and 3 p.m. (local),
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), the
Coast Guard finds that good cause exists
for not publishing an NPRM. This safety
zone is temporary in nature and limited
time existed for an NPRM. Under 5
U.S.C. 553(d)(3), the Coast Guard also
finds that good cause exists for making
this rule effective less than 30 days after
publication in the Federal Register.
Delaying this rule would be
impracticable and contrary to public
interest since immediate action is
needed to minimize potential danger to
the public during the fireworks
demonstration.
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
E:\FR\FM\02JNR1.SGM
02JNR1
32242
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
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 inexperienced recreational
boaters, 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.
Discussion of Rule
The Coast Guard is establishing a
safety zone consisting of a portion of the
navigable waters of Presque Isle Bay,
Erie, Pennsylvania. The Coast Guard
will notify the public in advance, by
way of Ninth Coast Guard District Local
Notice to Mariners, marine information
broadcasts, and for those who request it
from Marine Safety Office Buffalo, by
facsimile (fax).
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 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 this rule under
that Order. It is not significant under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We expect the economic impact
of this rule to be so minimal that a full
Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
This determination is based on the
minimal time that vessels will be
restricted from the zone, and the zone
is in areas where the Coast Guard
expects insignificant adverse impact to
mariners from the zone’s activation.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
impact on a substantial number of small
entities. The term ‘‘small entities’’
comprises small businesses, not-forprofit 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 may affect the following
entities, some of which might be small
entities: The owners or operators of
commercial vessels intending to transit
a portion of an activated safety zone.
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15:00 Jun 01, 2005
Jkt 205001
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
is only in effect from 10 p.m. until 10:30
p.m. (local) on the day of the event.
Vessel traffic can safely pass outside the
safety zone during the event. In cases
where traffic congestion is greater than
expected or blocks shipping channels,
traffic may be allowed to pass through
the safety zone under Coast Guard or
assisting agency escort with the
permission of the Captain of the Port
Buffalo. Additionally, the Coast Guard
has not received any negative reports
from small entities affected during these
displays in previous years.
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. If the rule will 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.)
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.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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
will not create an environmental risk to
health or risk to safety that might
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.
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
E:\FR\FM\02JNR1.SGM
02JNR1
Federal Register / Vol. 70, No. 105 / Thursday, June 2, 2005 / Rules and Regulations
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.
unless authorized by the Coast Guard
Captain of the Port, Buffalo.
(2) In accordance with the general
regulations in § 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 onscene representative.
(c) Effective time and date. This
section is effective from 10 p.m. through
10:30 p.m. (local) on June 21, 2005.
Environment
Dated: May 19, 2005.
K.C. Burke,
Commander, U.S. Coast Guard, Acting
Captain of the Port Buffalo.
[FR Doc. 05–10941 Filed 6–1–05; 8:45 am]
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f) and
have determined that there are no
factors in this case that limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (34)(g), of the
Instruction from further environmental
documentation. Paragraph (34)(g) is
applicable to this event because this
rule establishes a safety zone.
Under figure 2–1, paragraph (34)(g), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this.
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 Part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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.
I 2. Add new temporary § 165.T09–016
to read as follows:
§ 165.T09–016 Safety Zone; Presque Isle
Bay, Dobbins Landing, Erie, PA.
(a) Location. The following area is a
temporary safety zone: All waters of
Presque Isle Bay within an 800-foot
radius around the fireworks launch
platform located at 42°08′19″ N,
080°05′30″ W. These coordinates are
based upon NAD 83.
(b) Regulations. (1) Entry into or
remaining in this zone is prohibited
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15:00 Jun 01, 2005
Jkt 205001
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 70
[AZ–ND–127; FRL–7919–5]
Notice of Deficiency for Clean Air
Operating Permits Program; Maricopa
County, AZ
Environmental Protection
Agency (EPA).
ACTION: Notice of deficiency.
AGENCY:
SUMMARY: Pursuant to its authority
under section 502(i) of the Clean Air
Act, EPA is publishing this notice of
deficiency for the Clean Air Act title V
operating permits program of Maricopa
County, Arizona. The notice of
deficiency is based upon EPA’s finding
that Maricopa County’s title V program
does not comply with the requirements
of the Clean Air Act or with the
implementing regulations of the
Operating Permit Program in two
respects: permit fees and permit
processing. With respect to permit fees,
specific deficiencies include the
following: Maricopa County has failed
to demonstrate that its title V program
requires owners or operators of
Operating Permit Program sources to
pay fees that are sufficient to cover the
costs of the County’s title V program,
and has failed to adequately ensure that
its title V program funds are used solely
for title V permit program costs; and
Maricopa County’s fee rule and the
implementation of this rule have
contributed to delay in issuance of
initial title V permits. With respect to
permit processing, specific deficiencies
include the following: Maricopa County
has issued title V permits that do not
assure compliance with all applicable
requirements; Maricopa County’s
processing of permit revisions is
deficient; and Maricopa County has not
PO 00000
Frm 00025
Fmt 4700
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32243
demonstrated that it is providing
sufficient staffing. Publication of this
action is a prerequisite for withdrawal
of Maricopa County’s title V program
approval, but does not effect such
withdrawal.
EFFECTIVE DATE: May 17, 2005. Because
this Notice of Deficiency is an
adjudication and not a final rule, the
Administrative Procedure Act’s 30-day
deferral of the effective date of a rule
does not apply.
FOR FURTHER INFORMATION CONTACT:
Gerardo Rios, EPA, Region 9, Air
Division (AIR–3), 75 Hawthorne Street,
San Francisco, CA 94105, (415) 972–
3974, or r9airpermits@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Description of Action
III. Federal Oversight and Sanctions
IV. Administrative Requirements
I. Background
The Clean Air Act (CAA or Act)
requires all State and local permitting
authorities to develop operating permits
programs that meet the requirements of
title V of the Act, 42 U.S.C. 7661–7661f,
and its implementing regulations, 40
CFR part 70. On November 15, 1993, the
Arizona Department of Environmental
Quality (ADEQ) submitted, on behalf of
Maricopa County, a proposed title V
program to the Administrator for
approval. Maricopa County’s title V
program was granted final interim
approval by EPA on November 29, 1996
and was granted full approval on
November 30, 2001.
In March 2002, the Office of Inspector
General (OIG) issued a report on the
progress of title V permit issuance based
on its evaluation of several selected
state and local air pollution control
agencies. In response to OIG’s
recommendations, EPA made a
commitment in July 2002 to conduct
comprehensive title V program
evaluations throughout the nation. EPA
Region 9 began its program evaluations
in 2003, with Maricopa County
Environmental Services Department
(MCESD) as the second permitting
agency on its program evaluation
schedule. Region 9 informed MCESD of
the start of the title V program
evaluation in a letter, dated May 27,
2004, in which Region 9 also expressed
existing concerns about MCESD’s
implementation of its title V permitting
program. Over the next several months
of EPA’s title V program evaluation,
Region 9 learned more details of
MCESD’s implementation practices and
procedures, including many instances
E:\FR\FM\02JNR1.SGM
02JNR1
Agencies
[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Rules and Regulations]
[Pages 32241-32243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10941]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-016]
RIN 1625-AA00
Safety Zone; Presque Isle Bay, Dobbins Landing, Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the navigable waters of Presque Isle Bay. This safety zone
is necessary to ensure the safety of spectators and vessels from the
hazards associated with fireworks displays. This safety zone restricts
vessel traffic from a portion of Lake Erie and Presque Isle Bay, Erie,
Pennsylvania.
DATES: This rule is effective from 10 p.m. until 10:30 p.m. on June,
21, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket (CGD09-05-016], and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office (MSO)
Buffalo, 1 Fuhrmann Blvd, Buffalo, New York 14203 between 7 a.m. and 3
p.m. (local), 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), the Coast Guard finds that good
cause exists for not publishing an NPRM. This safety zone is temporary
in nature and limited time existed for an NPRM. Under 5 U.S.C.
553(d)(3), the Coast Guard also finds that good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register. Delaying this rule would be impracticable and contrary to
public interest since immediate action is needed to minimize potential
danger to the public during the fireworks demonstration.
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
[[Page 32242]]
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 inexperienced
recreational boaters, 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.
Discussion of Rule
The Coast Guard is establishing a safety zone consisting of a
portion of the navigable waters of Presque Isle Bay, Erie,
Pennsylvania. The Coast Guard will notify the public in advance, by way
of Ninth Coast Guard District Local Notice to Mariners, marine
information broadcasts, and for those who request it from Marine Safety
Office Buffalo, by facsimile (fax).
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 this rule under that
Order. It is not significant under the regulatory policies and
procedures of the Department of Homeland Security (DHS). We expect the
economic impact of this rule to be so minimal that a full Regulatory
Evaluation under the regulatory policies and procedures of DHS is
unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zone, and the zone is in areas where the Coast
Guard expects insignificant adverse impact to mariners from the zone's
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will 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 will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect the following entities, some of which might be
small entities: The owners or operators of commercial vessels intending
to transit a portion of an activated safety zone.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone is only in effect from 10 p.m. until 10:30 p.m. (local) on
the day of the event. Vessel traffic can safely pass outside the safety
zone during the event. In cases where traffic congestion is greater
than expected or blocks shipping channels, traffic may be allowed to
pass through the safety zone under Coast Guard or assisting agency
escort with the permission of the Captain of the Port Buffalo.
Additionally, the Coast Guard has not received any negative reports
from small entities affected during these displays in previous years.
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. If the rule will 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.)
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 will not create an
environmental risk to health or risk to safety that might
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.
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
[[Page 32243]]
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 Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f) and have
determined that there are no factors in this case that limit the use of
a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction from further environmental
documentation. Paragraph (34)(g) is applicable to this event because
this rule establishes a safety zone.
Under figure 2-1, paragraph (34)(g), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
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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
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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.
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2. Add new temporary Sec. 165.T09-016 to read as follows:
Sec. 165.T09-016 Safety Zone; Presque Isle Bay, Dobbins Landing,
Erie, PA.
(a) Location. The following area is a temporary safety zone: All
waters of Presque Isle Bay within an 800-foot radius around the
fireworks launch platform located at 42[deg]08[min]19[sec] N,
080[deg]05[min]30[sec] W. These coordinates are based upon NAD 83.
(b) Regulations. (1) Entry into or remaining in this zone is
prohibited unless authorized by the Coast Guard Captain of the Port,
Buffalo.
(2) 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.
(c) Effective time and date. This section is effective from 10 p.m.
through 10:30 p.m. (local) on June 21, 2005.
Dated: May 19, 2005.
K.C. Burke,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 05-10941 Filed 6-1-05; 8:45 am]
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