Safety Zone; Island Festival Fireworks Display, Baldwinsville, NY, 36206-36208 [E6-10049]

Download as PDF 36206 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations List of Subjects in 33 CFR Part 165 DEPARTMENT OF HOMELAND SECURITY Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Coast Guard 33 CFR Part 165 [CGD09–06–049] For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I RIN 1625–AA00 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191; 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. A new temporary § 165.T07–104 is added to read as follows: § 165.T07–104 Safety Zone; Clearwater Harbor, Florida. jlentini on PROD1PC65 with RULES (a) Regulated area. The Coast Guard is establishing a temporary safety zone on the waters of Clearwater Harbor, Florida, that includes all the waters from surface to bottom, within a 300 yard radius of the west side of the Clearwater Memorial Bridge, centered at the following coordinates: 27°58′01″ N, 082°48′15″ W. All coordinates referenced use datum: NAD 83. (b) Definitions. The following definitions apply to this section: Designated representative means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, State, and local officers designated by or assisting the Captain of the Port, St. Petersburg, in the enforcement of regulated navigation areas and safety and security zones. (c) Regulations. In accordance with the general regulations in § 165.23 of this part, no person or vessel may anchor, moor, or transit the Regulated Area without permission of the Captain of the Port St Petersburg, Florida, or his designated representative. (d) Dates. This rule will be enforced from 8:30 p.m. until 10 p.m. on July 4, 2006. Dated: June 9, 2006. E.A. Pepper, Commander, U.S. Coast Guard, Captain of the Port St. Petersburg, Florida, Acting. [FR Doc. E6–10047 Filed 6–23–06; 8:45 am] VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 1. The authority citation for part 165 continues to read as follows: I BILLING CODE 4910–15–P Safety Zone; Island Festival Fireworks Display, Baldwinsville, NY 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 displays pose significant risks to public safety and property. The likely combination of large numbers of recreational vessels, congested waterways, and alcohol use, could easily result in serious injuries or fatalities. Discussion of Rule The proposed safety zone consists of SUMMARY: The Coast Guard is all navigable waters of the Seneca River establishing a temporary safety zone in a 500-foot radius around a point at encompassing the navigable waters of approximate position: 43°09′25″ N, the Seneca River at the Budweiser 076°20′21″ W (NAD 1983) in Amphitheater near Lock 24 in Baldwinsville, NY. All Geographic Baldwinsville, NY. This safety zone is coordinates are North American Datum necessary to ensure the safety of of 1983 (NAD 83). The size of this spectators and vessels from the hazards associated with fireworks displays. This proposed zone was determined using safety zone restricts vessel traffic from a the National Fire Prevention Association guidelines. portion of the Seneca River at the All persons and vessels shall comply Budweiser Amphitheater near Lock 24 with the instructions of the Coast Guard in Baldwinsville, NY. Captain of the Port or his designated DATES: This rule is in effect from 10 p.m. representative. The designated on-scene (local) until 10:30 p.m. (local) on July 1, representative will be the patrol 2006. commander. Entry into, transiting, or ADDRESSES: Documents indicated in this anchoring within this safety zone is preamble as being available in the prohibited unless authorized by the docket are part of the docket [CGD09– Captain of the Port Buffalo or his 06–049], and are available for inspection designated on-scene representative. The or copying at U.S. Coast Guard Sector Captain of the Port or his designated onBuffalo, 1 Fuhrmann Blvd, Buffalo, New scene representative may be contacted York 14203 between 7 a.m. and 4 p.m. via VHF Channel 16. (local), Monday through Friday, except Regulatory Evaluation Federal holidays. FOR FURTHER INFORMATION CONTACT: LT This rule is not a ‘‘significant Tracy Wirth, U.S. Coast Guard Sector regulatory action’’ under section 3(f) of Buffalo, at (716) 843–9573. Executive Order 12866 and does not require an assessment of potential costs SUPPLEMENTARY INFORMATION: and benefits under section 6(a)(3) of that Regulatory Information Order. The Office of Management and We did not publish a notice of Budget has not reviewed this rule under proposed rulemaking (NPRM) for this that Order. It is not significant under the regulation. Under 5 U.S.C. 553(b)(B), the regulatory policies and procedures of Coast Guard finds that good cause exists the Department of Homeland Security for not publishing an NPRM. This safety (DHS). We expect the economic impact zone is temporary in nature and limited of this rule to be so minimal that a full time existed for an NPRM. Regulatory Evaluation under the Under 5 U.S.C. 553(d)(3), the Coast regulatory policies and procedures of Guard finds that good cause exists for DHS is unnecessary. making this rule effective less than 30 This determination is based on the days after publication in the Federal minimal time that vessels will be Register. Delaying this rule would be restricted from the zone, and the zone impracticable and contrary to public is in areas where the Coast Guard interest since immediate action is expects insignificant adverse impact to needed to minimize potential danger to mariners from the zone’s activation. the public during the fireworks Small Entities demonstration. Under the Regulatory Flexibility Act Background and Purpose (5 U.S.C. 601–612), we have considered Temporary safety zones are necessary whether this rule will have a significant impact on a substantial number of small to ensure the safety of vessels and entities. The term ‘‘small entities’’ spectators from the hazards associated PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations 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. 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. (local) 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. compliance on them. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. 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. 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 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 1–800–REG–FAIR (1–888–734– 3247). Protection of Children jlentini on PROD1PC65 with RULES 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 VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 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 expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect 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. 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 36207 energy. The Administrator of the Office of Information and Regulatory Affairs as a significant energy action has not designated it. 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 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.lD and Department of Homeland Security Management Directive 5100.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321– 4370f), and have concluded that there are no factors in this case that would 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. This event establishes a safety zone; therefore, paragraph (34)(g) of the Instruction applies. A final ‘‘Environmental Analysis Check List’’ and a final ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. 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: I E:\FR\FM\26JNR1.SGM 26JNR1 36208 Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Rules and Regulations 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; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. I 2. Add new temporary § 165.T09–049 to read as follows: § 165.T09–049 Safety Zone; Island Festival Fireworks Display, Baldwinsville, NY. (a) Location. The following area is a temporary safety zone: all navigable waters of the Seneca River in a 500-foot radius around a point at approximate position: 43°09′25″ N, 076°20′21″ W (NAD 1983) in Baldwinsville, NY. All Geographic coordinates are North American Datum of 1983 (NAD 83). (b) Definitions. The following definitions apply to this section: Designated on-scene representative means Coast Guard Patrol Commanders including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and federal, state, and local officers designated by or assisting the Captain of the Port (COTP), Buffalo, New York, in the enforcement of regulated navigation areas and safety and security zones. (c) 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. (d) Effective time and date. This section is effective from 10 p.m. (local) until 10:30 p.m. (local) on July 1, 2006. Dated: June 13, 2006. S.J. Furguson, Commander, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. E6–10049 Filed 6–23–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 jlentini on PROD1PC65 with RULES [CGD09–06–053] RIN 1625–AA00 Safety Zone; Fourth of July Fireworks, Heart Island, Alexandria Bay, NY AGENCY: Coast Guard, DHS. VerDate Aug<31>2005 15:58 Jun 23, 2006 Jkt 208001 ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of St. Lawrence River near Heart Island on July 4, 2006. 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 St. Lawrence River, Heart Island, New York. DATES: This rule is effective from 9 p.m. (local) until 10 p.m. (local) on July 4, 2006. Documents indicated in this preamble as being available in the docket, are part of docket [CGD09–06– 053] and are available for inspection or copying at: U.S. Coast Guard Sector 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 Tracy Wirth, U.S. Coast Guard Sector Buffalo, at (716) 843–9573. SUPPLEMENTARY INFORMATION: ADDRESSES: 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. The permit application was not received in time to publish an NPRM followed by a final rule before the effective date. 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. 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 the St. Lawrence River in a 500-foot radius around a point at approximate position 44°20′39″ N, 075°55′16″ 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 onscene representative. The designated onscene 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 onscene 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, and would have minor, if any, impact to Mariners. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have 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 E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36206-36208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10049]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-049]
RIN 1625-AA00


Safety Zone; Island Festival Fireworks Display, Baldwinsville, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the navigable waters of the Seneca River at the Budweiser 
Amphitheater near Lock 24 in Baldwinsville, NY. 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 the Seneca River at the Budweiser 
Amphitheater near Lock 24 in Baldwinsville, NY.

DATES: This rule is in effect from 10 p.m. (local) until 10:30 p.m. 
(local) on July 1, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of the docket [CGD09-06-049], and are available for 
inspection or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann 
Blvd, Buffalo, New York 14203 between 7 a.m. and 4 p.m. (local), Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard 
Sector Buffalo, at (716) 843-9573.

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 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 explosive hazard of fireworks, the Captain 
of the Port Buffalo has determined fireworks displays pose significant 
risks to public safety and property.
    The likely combination of large numbers of recreational vessels, 
congested waterways, and alcohol use, could easily result in serious 
injuries or fatalities.

Discussion of Rule

    The proposed safety zone consists of all navigable waters of the 
Seneca River in a 500-foot radius around a point at approximate 
position: 43[deg]09[min]25[sec] N, 076[deg]20[min]21[sec] W (NAD 1983) 
in Baldwinsville, NY. All Geographic coordinates are North American 
Datum of 1983 (NAD 83). The size of this proposed zone was determined 
using the National Fire Prevention Association guidelines.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or his designated representative. The 
designated on-scene 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 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''

[[Page 36207]]

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. (local) 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 process.
    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 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-
800-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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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. The Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action has not designated 
it. 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 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.lD 
and Department of Homeland Security Management Directive 5100.1, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
that there are no factors in this case that would 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. This event establishes a safety zone; therefore, 
paragraph (34)(g) of the Instruction applies.
    A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

[[Page 36208]]

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; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Add new temporary Sec.  165.T09-049 to read as follows:


Sec.  165.T09-049  Safety Zone; Island Festival Fireworks Display, 
Baldwinsville, NY.

    (a) Location. The following area is a temporary safety zone: all 
navigable waters of the Seneca River in a 500-foot radius around a 
point at approximate position: 43[deg]09'25'' N, 076[deg]20'21'' W (NAD 
1983) in Baldwinsville, NY. All Geographic coordinates are North 
American Datum of 1983 (NAD 83).
    (b) Definitions. The following definitions apply to this section:
    Designated on-scene representative means Coast Guard Patrol 
Commanders including Coast Guard coxswains, petty officers, and other 
officers operating Coast Guard vessels, and federal, state, and local 
officers designated by or assisting the Captain of the Port (COTP), 
Buffalo, New York, in the enforcement of regulated navigation areas and 
safety and security zones.
    (c) 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.
    (d) Effective time and date. This section is effective from 10 p.m. 
(local) until 10:30 p.m. (local) on July 1, 2006.

    Dated: June 13, 2006.
S.J. Furguson,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
 [FR Doc. E6-10049 Filed 6-23-06; 8:45 am]
BILLING CODE 4910-15-P