Safety Zones: Annual Events Requiring Safety Zones in the Captain of the Port Buffalo Zone, 18225-18229 [E8-6896]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0219]
RIN 1625–AA00
Safety Zones: Annual Events
Requiring Safety Zones in the Captain
of the Port Buffalo Zone
Coast Guard, DHS.
Notice of Proposed Rulemaking.
AGENCY:
ACTION:
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SUMMARY: The Coast Guard proposes
establishment of safety zones for annual
events in the Captain of the Port Buffalo
zone. This proposed rule consolidates
current regulations establishing safety
zones for annual fireworks events in the
former Captain of the Port Cleveland
Zone and the former Captain of the Port
Buffalo Zone. In addition, it adds events
not previously published in Coast Guard
regulations. These safety zones are
necessary to protect spectators,
participants, and vessels from the
hazards associated with fireworks
displays or other events.
DATES: Comments and related materials
must reach the Coast Guard on or before
May 5, 2008.
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0219 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: CDR
Joseph Boudrow, U.S. Coast Guard
Sector Buffalo; (716) 843–9572.
I. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
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A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0219),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name, mailing address,
and an e-mail address or other contact
information in the body of your
document to ensure that you can be
identified as the submitter. This also
allows us to contact you in the event
further information is needed or if there
are questions. For example, if we cannot
read your submission due to technical
difficulties and you cannot be
contacted; your submission may not be
considered. You may submit your
comments and material by electronic
means, mail, fax, or delivery to the
Docket Management Facility at the
address under ADDRESSES; but please
submit your comments and material by
only one means. If you submit them by
mail or delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov at any time,
click on ‘‘Search for Dockets,’’ and enter
the docket number for this rulemaking
(USCG–2008–0219) in the Docket ID
box, and click enter. You may also visit
the Docket Management Facility in
Room W12–140 on the ground floor of
the DOT West Building, 1200 New
Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
C. Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
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behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
SUPPLEMENTARY INFORMATION:
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Commander,
Coast Guard Sector Buffalo, at the
address under ADDRESSES explaining
why one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
Background and Purpose
On July 22, 2005, the Coast Guard
consolidated the Captain of the Port
Cleveland zone and the Captain of the
Port Buffalo zone into one zone redefining the Captain of the Port Buffalo
zone. This proposed rule will
consolidate the regulations found in 33
CFR 165.202, Safety Zones; Annual
Fireworks Events in the Captain of the
Port Cleveland Zone, the regulations
found in 33 CFR 165.914, Safety Zones;
Annual Fireworks Events in the Captain
of the Port Buffalo Zone so that all the
annual fireworks events in the current
Captain of the Port Buffalo Zone are
found in one CFR section. In addition
this proposal adds events not previously
published in the CFR.
These safety zones are necessary to
protect vessels and people from the
hazards associated with fireworks
displays or other events. Such hazards
include obstructions to the waterway
that may cause marine casualties and
the explosive danger of fireworks and
debris falling into the water that may
cause death or serious bodily harm.
Discussion of Proposed Rule
The proposed rule and associated
safety zones are necessary to ensure the
safety of vessels and people during
annual firework events in the Captain of
the Port Buffalo area of responsibility
that may pose a hazard to the public.
This proposal consolidates the events
listed in §§ 165.202 and 165.914 into a
new section 165.939. This new section
unites all the annual Firework events in
the recently consolidated COTP Buffalo
zone into one section of the CFR. In
addition, there are several events that
are added and some events that have
been deleted in this new section.
The proposed safety zones will be
enforced only immediately before,
during, and after events that pose
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hazard to the public, and only upon
notice by the Captain of the Port.
The Captain of the Port Buffalo will
notify the public that the zones in this
proposal are or will be enforced by all
appropriate means to the affected
segments of the public including
publication in the Federal Register as
practicable, in accordance with 33 CFR
165.7(a). Such means of notification
may also include, but are not limited to,
Broadcast Notice to Mariners or Local
Notice to Mariners. The Captain of the
Port will issue a Broadcast Notice to
Mariners notifying the public when
enforcement of the safety zone
established by this section is cancelled.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo, or his
designated representative. The Captain
of the Port or his designated
representative may be contacted via
VHF Channel 16.
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Regulatory Evaluation
This proposed 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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
The Coast Guard’s use of these safety
zones will be periodic, of short
duration, and designed to minimize the
impact on navigable waters. These
safety zones will only be enforced
immediately before, during, and after
the time the events occur. Furthermore,
these safety zones have been designed to
allow vessels to transit unrestricted to
portions of the waterways not affected
by the safety zones. The Coast Guard
expects insignificant adverse impact to
mariners from the activation of these
safety zones.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed 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
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governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule would affect the
following entities, some of which might
be small entities: The owners of
operators of vessels intending to transit
or anchor in the areas designated as
safety zones in subparagraphs (1)
through (28) during the dates and times
the safety zones are being enforced.
These safety zones would not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This proposed
rule would be in effect for short periods
of time, and only once per year, per
zone. The safety zones have been
designed to allow traffic to pass safely
around the zone whenever possible and
vessels will be allowed to pass through
the zones with the permission of the
Captain of the Port.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed rule would have
a significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this proposed rule would economically
affect it.
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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
CDR Joseph Boudrow, Prevention
Department, Coast Guard Sector Buffalo,
Buffalo, NY, at (716) 843–9572. The
Coast Guard will not retaliate against
small entities that question or complain
about this proposed rule or any policy
or action of the Coast Guard.
Collection of Information
This proposed 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
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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 proposed 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 proposed rule will not
result in such expenditure, we
nevertheless discuss its effects
elsewhere in this preamble.
Taking of Private Property
This proposed rule will not effect the
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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed 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
The Coast Guard recognizes the treaty
rights of Native American Tribes.
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that these safety zones and fishing rights
protection need not be incompatible.
We have also determined that this
proposed 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,
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or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this proposed rule or options for
compliance are encouraged to contact
the point of contact listed under FOR
FURTHER INFORMATION CONTACT.
List of Subjects in 33 CFR Part 165
Energy Effects
We have analyzed this proposed 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
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this section is not likely to have a
significant effect on the human
environment.
A preliminary ‘‘Environmental
Analysis Check List’’ supporting this
preliminary determination is available
in the docket where indicated under
ADDRESSES.
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Harbors, Marine Safety, Navigation
(water), Reporting and record keeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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, 6.04–1, 6.04–6, and 160.5; Public
Law 107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.939 to read as follows:
§ 165.939 Safety Zones; Annual Fireworks
Events in the Captain of the Port Buffalo
Zone.
(a) Safety Zones. The following areas
are designated Safety zones and are
listed geographically from New York to
Ohio.
(1) Boldt Castle 4th of July Fireworks,
Heart Island, NY.
(i) Location. All waters of the St.
Lawrence River within a 500-foot radius
of the land position: 44°20′39″ N,
075°55′16″ W; at Heart Island, NY.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9pm to 10pm on July 4 of
each year.
(2) Clayton Chamber of Commerce
Fireworks, Calumet Island, NY.
(i) Location. All waters of the St.
Lawrence River within a 500-foot radius
of land position: 44°15′05″ N,
076°05′35″ W; in Calumet Island Harbor,
NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9 p.m. to 10 p.m. on July
1 of each year.
(3) French Festival Fireworks, Cape
Vincent, NY.
(i) Location. All waters of the St.
Lawrence River within a 500-foot radius
of land position: 44°07′53″ N,
076°20′02″ W. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the first or second weekend of July each
year.
(4) Brewerton Fireworks, Brewerton,
NY.
(i) Location. All waters of Lake
Oneida within a 500-foot radius of barge
position: 43°14′15″ N, 076°08′03″ W; in
Brewerton, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the first weekend of July each year.
(5) Celebrate Baldwinsville Fireworks,
Baldwinsville, NY.
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(i) Location. All waters of the Seneca
River within a 500-foot radius of land
position: 43°09′21″ N, 076°20′01″ W.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10 p.m. on
the third weekend of September each
year.
(6) Island Festival Fireworks Display,
Baldwinsville, NY.
(i) Location. All waters of the Seneca
River within a 500-foot radius of land
position: 43°09′25″ N, 076°20′21″ W; in
Baldwinsville, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 10 p.m. to 10:30 p.m. on
the first weekend of July each year.
(7) Seneca River Days, Baldwinsville,
NY.
(i) Location. All waters of the Seneca
River within a 500-foot radius of land
position: 43°09′25″ N, 076°20′21″ W; in
Baldwinsville, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the first weekend of July each year.
(8) Oswego Harborfest, Oswego, NY.
(i) Location. All waters of Lake
Ontario within a 1,000 foot radius of
barge position: 43°28′10″ N, 076°31′04″
W; in Oswego, NY. (DATUM: NAD 83).
(ii) Enforcement Date. This section is
effective from 9 p.m. to 10 p.m. on the
last Saturday in July each year.
(9) Village Fireworks, Sodus Point,
NY.
(i) Location. All waters of Sodus Bay
within a 500-foot radius of land
position: 43°16′27″ N, 076°58′27″ W; in
Sodus Point, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 10 p.m. to 10:30 p.m. on
the first Saturday in July each year.
(10) City of Syracuse Fireworks
Celebration, Syracuse, NY.
(i) Location. All waters of Onondaga
Lake within a 350-foot radius of land
position: 43°03′37″ N, 076°09′59″ W; in
Syracuse, NY. (DATUM: NAD 83).
(ii) Enforcement Date. This section is
effective from 9:30 p.m, to 10:30 p.m. on
the last weekend in June each year.
(11) Tom Graves Memorial Fireworks,
Port Bay, NY.
(i) Location. All waters of Port Bay
within a 500-foot radius of barge
position: 43°17′46″ N, 076°50′02″ W; in
Port Bay, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 10 p.m. to 10:30 p.m. on
the first weekend in July each year.
(12) Rochester Harbor and Carousel
Festival, Rochester, NY.
(i) Location. All waters of Lake
Ontario within a 500-foot radius of land
position: 43°15′21″ N, 077°36′19″ W in
Rochester, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 8 p.m. to 10 p.m. on June
24th of each year.
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(13) North Tonawanda Fireworks
Display, Tonawanda, NY.
(i) Location. All waters of the East
Niagara River within a 500-foot radius
of a barge located at position: 43°01′12″
N, 078°53′36″ W; in North Tonawanda,
NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 10:15 p.m. on
July 4th of each year.
(14) Tonawanda’s Canal Fest
Fireworks, Tonawanda, NY.
(i) Location. All waters of the East
Niagara River within a 500-foot radius
of barge position: 43°01′12″ N,
078°53′36″ W; in Tonawanda, NY.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:30 p.m. to 10:30 p.m. on
the fourth Sunday in July each year.
(15) Celebrate Erie Fireworks, Erie,
PA.
(i) Location. All waters of Presque Isle
Bay within an 800-foot radius of land
position: 42°08′19″ N, 080°05′29″ W; at
the end of Dobbins Landing Pier, Erie,
PA. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 10:30 p.m. on
the third weekend in August each year.
(16) Ashtabula Area Fireworks,
Walnut Beach, Ashtabula, OH.
(i) Location. All waters of Lake Erie
and Ashtabula Harbor within a 300-yard
radius of land position: 41°54.167′ N,
080°48.416′ W; in Ashtabula, OH.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the second weekend in July each year.
(17) Fairport Harbor Mardi Gras,
Fairport Harbor, OH.
(i) Location. All waters of Fairport
Harbor and Lake Erie within a 300-yard
radius of land position: 41°45.500′ N,
081°16.300′ W; east of the harbor
entrance at Fairport Harbor Beach, OH.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first Saturday of July each year.
(18) Lake County Perchfest Fireworks,
Fairport, OH.
(i) Location. All waters of Fairport
Harbor and Lake Erie within a 300-yard
radius of land position: 41°45.500′ N,
081°16.300′ W; in Fairport, OH.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the second weekend in September each
year.
(19) Mentor Harbor Yacht Club
Fireworks, Mentor Harbor, OH.
(i) Location. All waters of Lake Erie
and Mentor Harbor within a 200-yard
radius of 41°43.200′ N, 081°21.400′ W
(west of the harbor entrance); in Mentor
Harbor, OH. (DATUM: NAD 83).
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(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(20) Browns Football Halftime
Fireworks, Cleveland, OH.
(i) Location. All navigable waters of
Cleveland Harbor and Lake Erie
beginning in approximate land position:
41°30.823′ N, 081°41.620′ W (the
northwest corner of Burke Lakefront
Airport); continuing northwest to
41°31.176′ N, 081°41.884′ W; then
southwest to 41°30.810′ N, 081°42.515′
W; then southeast to 41°30.450′ N,
081°42.222′ W (the northwest corner of
dock 28 at the Cleveland Port Authority)
then northeast back to the starting point
at 41°30.823′ N, 081°41.620′ W.
(DATUM: NAD 83).
(ii) Enforcement date. This section is
effective on a Sunday during the second
or third Cleveland Brown’s home game
each year.
(21) City of Cleveland 4th of July
Fireworks, Cleveland, OH.
(i) Location. All navigable waters of
Cleveland Harbor and Lake Erie within
a 400-yard radius of Main Entrance
Light 5 (LLNR 4180) at position:
41°30.23′ N, 081°42.7′ W; in Cleveland,
OH (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(22) Dollar Bank Jamboree Fireworks
Display, Cleveland, OH.
(i) Location. All navigable waters of
Cleveland Harbor and Lake Erie
beginning at land position: 41°30.823′
N, 081°41.620′ W (the northwest corner
of Burke Lakefront Airport); continuing
northwest to 41°31.176′ N, 081°41.884′
W; then southwest to 41°30.810′ N,
081°42.515′ W; then southeast to
41°30.450′ N, 081°42.222′ W (the
northwest corner of dock 28 at the
Cleveland Port Authority) then
northeast back to the starting point at
41°30.823′ N, 081°41.620′ W. (DATUM:
NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(23) Lakewood City Fireworks Display,
Lakewood,OH.
(i) Location. All waters of Lake Erie
within a 200-yard radius of land
position: 41°29.755′ N, 081°47.780′ W
(off of Lakewood Park); in Lakewood,
OH. (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(24) Cleveland Yachting Club
Fireworks Display, Rocky River, OH.
(i) Location. All waters of the Rocky
River and Lake Erie within a 200-yard
radius of land position 41°29.428′ N,
081°50.309′ W (DATUM: NAD 83) at
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Sunset Point on the western side of the
mouth of the Rocky River in Cleveland,
OH.
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the third weekend in July each year.
(25) Lorain 4th of July Celebration
Fireworks Display, Lorain, OH.
(i) Location. All waters of Lorain
Harbor within a 300-yard radius of land
position 41°28.591′ N, 082°10.855′ W
(DATUM: NAD 83), east of the harbor
entrance on the end of the break wall
near Spitzer’s Marina.
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the first weekend in July each year.
(26) Lorain Port Fest Fireworks
Display, Lorain, OH.
(i) Location. All waters of Lorain
Harbor within a 250-yard radius of land
position: 41°28.040′ N, 082°10.365′ W;
in Lorain, OH (DATUM: NAD 83).
(ii) Enforcement date. This section is
effective from 9:45 p.m. to 11 p.m. on
the third weekend in July each year.
(b) Definitions. The following
definitions apply to this section:
(1) Designated Representative means
any Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port Buffalo to
monitor a safety zone, permit entry into
the zone, give legally enforceable orders
to persons or vessels within the zones,
and take other actions authorized by the
Captain of the Port.
(2) Public vessel means vessels
owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(c) Regulations. (1) In accordance with
the general regulations in section 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 representative.
(2)(i) These safety zones are closed to
all vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated representative.
(ii) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or his
designated representative.
(iii) Upon being hailed by the U.S.
Coast Guard by siren, radio, flashing
light or other means, the operator of a
vessel shall proceed as directed.
(3)(i) All vessels must obtain
permission from the Captain of the Port
Buffalo or his designated representative
to enter, move within, or exit the safety
zone established in this section when
this safety zone is enforced.
(ii) Vessels and persons granted
permission to enter the safety zone must
obey all lawful orders or directions of
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Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / Proposed Rules
the Captain of the Port or a designated
representative.
(iii) While within a safety zone, all
vessels must operate at the minimum
speed necessary to maintain a safe
course.
(d) Exemption. Public vessels, as
defined in paragraph (b) of this section,
are exempt from the requirements in
this section.
(e) Waiver. For any vessel, the Captain
of the Port Buffalo or his designated
representative may waive any of the
requirements of this section, upon
finding that operational conditions or
other circumstances are such that
application of this section is
unnecessary or impractical for the
purposes of public or environmental
safety.
(f) Notification. The Captain of the
Port Buffalo will notify the public that
that the zones in this proposal are or
will be enforced by all appropriate
means to the affected segments of the
public including publication in the
Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification may also include,
but are not limited to Broadcast Notice
to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone established by this section is
cancelled.
§ 165.202
[Removed and Reserved]
3. Remove and reserve § 165.202.
§ 165.914
[Removed and Reserved]
4. Remove and reserve § 165.914.
Dated: March 25, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. E8–6896 Filed 4–2–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R09–OAR–2008–0229; FRL–8550–8]
mstockstill on PROD1PC66 with PROPOSALS
Delegation of National Emission
Standards for Hazardous Air Pollutants
for Source Categories; State of
Nevada, Nevada Division of
Environmental Protection
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: Pursuant to section 112(l) of
the 1990 Clean Air Act, EPA granted
delegation of specific national emission
VerDate Aug<31>2005
16:52 Apr 02, 2008
Jkt 214001
standards for hazardous air pollutants
(NESHAP) to the Nevada Division of
Environmental Protection on December
4, 2007. EPA is proposing to revise the
Code of Federal Regulations to reflect
the current delegation status of NESHAP
in Nevada.
DATES: Any comments on this proposal
must arrive by May 5, 2008.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2008–0229, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(AIR–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mae
Wang, EPA Region IX, (415) 947–4124,
wang.mae@epa.gov.
SUPPLEMENTARY INFORMATION: This
document concerns the delegation of
unchanged NESHAP to the Nevada
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
18229
Division of Environmental Protection. In
the Rules and Regulations section of this
Federal Register, EPA is amending
regulations to reflect the current
delegation status of NESHAP in Nevada.
EPA is taking direct final action without
prior proposal because the Agency
believes this action is not controversial.
If we receive adverse comments,
however, we will publish a timely
withdrawal of the direct final rule and
address the comments in subsequent
action based on this proposed rule.
Please note that if we receive adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, we may adopt as
final those provisions of the rule that are
not the subject of an adverse comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Authority: This action is issued under the
authority of Section 112 of the Clean Air Act,
as amended, 42 U.S.C. 7412.
Dated: March 19, 2008.
Andrew Steckel,
Acting Director, Air Division, Region IX.
[FR Doc. E8–6920 Filed 4–2–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2008–0256; FRL–8549–1]
Virginia: Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: Virginia has applied to EPA
for Final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA proposes to grant final
authorization to Virginia. In the ‘‘Rules
and Regulations’’ section of this Federal
Register, EPA is authorizing the changes
by an immediate final rule. EPA did not
make a proposal prior to the immediate
final rule because we believe this action
is not controversial and do not expect
comments that oppose it. We have
explained the reasons for this
authorization in the preamble to the
immediate final rule. Unless we get
written comments which oppose this
E:\FR\FM\03APP1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Proposed Rules]
[Pages 18225-18229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6896]
[[Page 18225]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0219]
RIN 1625-AA00
Safety Zones: Annual Events Requiring Safety Zones in the Captain
of the Port Buffalo Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes establishment of safety zones for
annual events in the Captain of the Port Buffalo zone. This proposed
rule consolidates current regulations establishing safety zones for
annual fireworks events in the former Captain of the Port Cleveland
Zone and the former Captain of the Port Buffalo Zone. In addition, it
adds events not previously published in Coast Guard regulations. These
safety zones are necessary to protect spectators, participants, and
vessels from the hazards associated with fireworks displays or other
events.
DATES: Comments and related materials must reach the Coast Guard on or
before May 5, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0219 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: https://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
FOR FURTHER INFORMATION CONTACT: CDR Joseph Boudrow, U.S. Coast Guard
Sector Buffalo; (716) 843-9572.
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0219), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
document to ensure that you can be identified as the submitter. This
also allows us to contact you in the event further information is
needed or if there are questions. For example, if we cannot read your
submission due to technical difficulties and you cannot be contacted;
your submission may not be considered. You may submit your comments and
material by electronic means, mail, fax, or delivery to the Docket
Management Facility at the address under ADDRESSES; but please submit
your comments and material by only one means. If you submit them by
mail or delivery, submit them in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. If you
submit them by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0219) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
C. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit https://
DocketsInfo.dot.gov.
SUPPLEMENTARY INFORMATION:
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Coast Guard Sector
Buffalo, at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
On July 22, 2005, the Coast Guard consolidated the Captain of the
Port Cleveland zone and the Captain of the Port Buffalo zone into one
zone re-defining the Captain of the Port Buffalo zone. This proposed
rule will consolidate the regulations found in 33 CFR 165.202, Safety
Zones; Annual Fireworks Events in the Captain of the Port Cleveland
Zone, the regulations found in 33 CFR 165.914, Safety Zones; Annual
Fireworks Events in the Captain of the Port Buffalo Zone so that all
the annual fireworks events in the current Captain of the Port Buffalo
Zone are found in one CFR section. In addition this proposal adds
events not previously published in the CFR.
These safety zones are necessary to protect vessels and people from
the hazards associated with fireworks displays or other events. Such
hazards include obstructions to the waterway that may cause marine
casualties and the explosive danger of fireworks and debris falling
into the water that may cause death or serious bodily harm.
Discussion of Proposed Rule
The proposed rule and associated safety zones are necessary to
ensure the safety of vessels and people during annual firework events
in the Captain of the Port Buffalo area of responsibility that may pose
a hazard to the public. This proposal consolidates the events listed in
Sec. Sec. 165.202 and 165.914 into a new section 165.939. This new
section unites all the annual Firework events in the recently
consolidated COTP Buffalo zone into one section of the CFR. In
addition, there are several events that are added and some events that
have been deleted in this new section.
The proposed safety zones will be enforced only immediately before,
during, and after events that pose
[[Page 18226]]
hazard to the public, and only upon notice by the Captain of the Port.
The Captain of the Port Buffalo will notify the public that the
zones in this proposal are or will be enforced by all appropriate means
to the affected segments of the public including publication in the
Federal Register as practicable, in accordance with 33 CFR 165.7(a).
Such means of notification may also include, but are not limited to,
Broadcast Notice to Mariners or Local Notice to Mariners. The Captain
of the Port will issue a Broadcast Notice to Mariners notifying the
public when enforcement of the safety zone established by this section
is cancelled.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Buffalo, or his designated
representative. The Captain of the Port or his designated
representative may be contacted via VHF Channel 16.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The Coast Guard's use of these safety zones will be periodic, of
short duration, and designed to minimize the impact on navigable
waters. These safety zones will only be enforced immediately before,
during, and after the time the events occur. Furthermore, these safety
zones have been designed to allow vessels to transit unrestricted to
portions of the waterways not affected by the safety zones. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of these safety zones.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners of operators of vessels
intending to transit or anchor in the areas designated as safety zones
in subparagraphs (1) through (28) during the dates and times the safety
zones are being enforced.
These safety zones would not have a significant economic impact on
a substantial number of small entities for the following reasons: This
proposed rule would be in effect for short periods of time, and only
once per year, per zone. The safety zones have been designed to allow
traffic to pass safely around the zone whenever possible and vessels
will be allowed to pass through the zones with the permission of the
Captain of the Port.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact CDR Joseph
Boudrow, Prevention Department, Coast Guard Sector Buffalo, Buffalo,
NY, at (716) 843-9572. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
Collection of Information
This proposed 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 proposed 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 proposed rule will not result in such
expenditure, we nevertheless discuss its effects elsewhere in this
preamble.
Taking of Private Property
This proposed rule will not effect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed 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
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these safety zones and fishing rights
protection need not be incompatible. We have also determined that this
proposed 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,
[[Page 18227]]
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes. Nevertheless, Indian Tribes that
have questions concerning the provisions of this proposed rule or
options for compliance are encouraged to contact the point of contact
listed under FOR FURTHER INFORMATION CONTACT.
Energy Effects
We have analyzed this proposed 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 has not designated it 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 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this section is not likely
to have a significant effect on the human environment.
A preliminary ``Environmental Analysis Check List'' supporting this
preliminary determination is available in the docket where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 1226, 1231; 46 U.S.C. Chapter 701; 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; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.939 to read as follows:
Sec. 165.939 Safety Zones; Annual Fireworks Events in the Captain of
the Port Buffalo Zone.
(a) Safety Zones. The following areas are designated Safety zones
and are listed geographically from New York to Ohio.
(1) Boldt Castle 4th of July Fireworks, Heart Island, NY.
(i) Location. All waters of the St. Lawrence River within a 500-
foot radius of the land position: 44[deg]20'39'' N, 075[deg]55'16'' W;
at Heart Island, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9pm to 10pm
on July 4 of each year.
(2) Clayton Chamber of Commerce Fireworks, Calumet Island, NY.
(i) Location. All waters of the St. Lawrence River within a 500-
foot radius of land position: 44[deg]15'05'' N, 076[deg]05'35'' W; in
Calumet Island Harbor, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9 p.m. to 10
p.m. on July 1 of each year.
(3) French Festival Fireworks, Cape Vincent, NY.
(i) Location. All waters of the St. Lawrence River within a 500-
foot radius of land position: 44[deg]07'53'' N, 076[deg]20'02'' W.
(DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:30 p.m. to
10:30 p.m. on the first or second weekend of July each year.
(4) Brewerton Fireworks, Brewerton, NY.
(i) Location. All waters of Lake Oneida within a 500-foot radius of
barge position: 43[deg]14'15'' N, 076[deg]08'03'' W; in Brewerton, NY.
(DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:30 p.m. to
10:30 p.m. on the first weekend of July each year.
(5) Celebrate Baldwinsville Fireworks, Baldwinsville, NY.
(i) Location. All waters of the Seneca River within a 500-foot
radius of land position: 43[deg]09'21'' N, 076[deg]20'01'' W. (DATUM:
NAD 83).
(ii) Enforcement date. This section is effective from 9:30 p.m. to
10 p.m. on the third weekend of September each year.
(6) Island Festival Fireworks Display, Baldwinsville, NY.
(i) Location. All waters of the Seneca River within a 500-foot
radius of land position: 43[deg]09'25'' N, 076[deg]20'21'' W; in
Baldwinsville, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 10 p.m. to
10:30 p.m. on the first weekend of July each year.
(7) Seneca River Days, Baldwinsville, NY.
(i) Location. All waters of the Seneca River within a 500-foot
radius of land position: 43[deg]09'25'' N, 076[deg]20'21'' W; in
Baldwinsville, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:30 p.m. to
10:30 p.m. on the first weekend of July each year.
(8) Oswego Harborfest, Oswego, NY.
(i) Location. All waters of Lake Ontario within a 1,000 foot radius
of barge position: 43[deg]28'10'' N, 076[deg]31'04'' W; in Oswego, NY.
(DATUM: NAD 83).
(ii) Enforcement Date. This section is effective from 9 p.m. to 10
p.m. on the last Saturday in July each year.
(9) Village Fireworks, Sodus Point, NY.
(i) Location. All waters of Sodus Bay within a 500-foot radius of
land position: 43[deg]16'27'' N, 076[deg]58'27'' W; in Sodus Point, NY.
(DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 10 p.m. to
10:30 p.m. on the first Saturday in July each year.
(10) City of Syracuse Fireworks Celebration, Syracuse, NY.
(i) Location. All waters of Onondaga Lake within a 350-foot radius
of land position: 43[deg]03'37'' N, 076[deg]09'59'' W; in Syracuse, NY.
(DATUM: NAD 83).
(ii) Enforcement Date. This section is effective from 9:30 p.m, to
10:30 p.m. on the last weekend in June each year.
(11) Tom Graves Memorial Fireworks, Port Bay, NY.
(i) Location. All waters of Port Bay within a 500-foot radius of
barge position: 43[deg]17'46'' N, 076[deg]50'02'' W; in Port Bay, NY.
(DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 10 p.m. to
10:30 p.m. on the first weekend in July each year.
(12) Rochester Harbor and Carousel Festival, Rochester, NY.
(i) Location. All waters of Lake Ontario within a 500-foot radius
of land position: 43[deg]15'21'' N, 077[deg]36'19'' W in Rochester, NY.
(DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 8 p.m. to 10
p.m. on June 24th of each year.
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(13) North Tonawanda Fireworks Display, Tonawanda, NY.
(i) Location. All waters of the East Niagara River within a 500-
foot radius of a barge located at position: 43[deg]01'12'' N,
078[deg]53'36'' W; in North Tonawanda, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
10:15 p.m. on July 4th of each year.
(14) Tonawanda's Canal Fest Fireworks, Tonawanda, NY.
(i) Location. All waters of the East Niagara River within a 500-
foot radius of barge position: 43[deg]01'12'' N, 078[deg]53'36'' W; in
Tonawanda, NY. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:30 p.m. to
10:30 p.m. on the fourth Sunday in July each year.
(15) Celebrate Erie Fireworks, Erie, PA.
(i) Location. All waters of Presque Isle Bay within an 800-foot
radius of land position: 42[deg]08'19'' N, 080[deg]05'29'' W; at the
end of Dobbins Landing Pier, Erie, PA. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
10:30 p.m. on the third weekend in August each year.
(16) Ashtabula Area Fireworks, Walnut Beach, Ashtabula, OH.
(i) Location. All waters of Lake Erie and Ashtabula Harbor within a
300-yard radius of land position: 41[deg]54.167' N, 080[deg]48.416' W;
in Ashtabula, OH. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the second weekend in July each year.
(17) Fairport Harbor Mardi Gras, Fairport Harbor, OH.
(i) Location. All waters of Fairport Harbor and Lake Erie within a
300-yard radius of land position: 41[deg]45.500' N, 081[deg]16.300' W;
east of the harbor entrance at Fairport Harbor Beach, OH. (DATUM: NAD
83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the first Saturday of July each year.
(18) Lake County Perchfest Fireworks, Fairport, OH.
(i) Location. All waters of Fairport Harbor and Lake Erie within a
300-yard radius of land position: 41[deg]45.500' N, 081[deg]16.300' W;
in Fairport, OH. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the second weekend in September each year.
(19) Mentor Harbor Yacht Club Fireworks, Mentor Harbor, OH.
(i) Location. All waters of Lake Erie and Mentor Harbor within a
200-yard radius of 41[deg]43.200' N, 081[deg]21.400' W (west of the
harbor entrance); in Mentor Harbor, OH. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the first weekend in July each year.
(20) Browns Football Halftime Fireworks, Cleveland, OH.
(i) Location. All navigable waters of Cleveland Harbor and Lake
Erie beginning in approximate land position: 41[deg]30.823' N,
081[deg]41.620' W (the northwest corner of Burke Lakefront Airport);
continuing northwest to 41[deg]31.176' N, 081[deg]41.884' W; then
southwest to 41[deg]30.810' N, 081[deg]42.515' W; then southeast to
41[deg]30.450' N, 081[deg]42.222' W (the northwest corner of dock 28 at
the Cleveland Port Authority) then northeast back to the starting point
at 41[deg]30.823' N, 081[deg]41.620' W. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective on a Sunday during
the second or third Cleveland Brown's home game each year.
(21) City of Cleveland 4th of July Fireworks, Cleveland, OH.
(i) Location. All navigable waters of Cleveland Harbor and Lake
Erie within a 400-yard radius of Main Entrance Light 5 (LLNR 4180) at
position: 41[deg]30.23' N, 081[deg]42.7' W; in Cleveland, OH (DATUM:
NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the first weekend in July each year.
(22) Dollar Bank Jamboree Fireworks Display, Cleveland, OH.
(i) Location. All navigable waters of Cleveland Harbor and Lake
Erie beginning at land position: 41[deg]30.823' N, 081[deg]41.620' W
(the northwest corner of Burke Lakefront Airport); continuing northwest
to 41[deg]31.176' N, 081[deg]41.884' W; then southwest to
41[deg]30.810' N, 081[deg]42.515' W; then southeast to 41[deg]30.450'
N, 081[deg]42.222' W (the northwest corner of dock 28 at the Cleveland
Port Authority) then northeast back to the starting point at
41[deg]30.823' N, 081[deg]41.620' W. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the first weekend in July each year.
(23) Lakewood City Fireworks Display, Lakewood,OH.
(i) Location. All waters of Lake Erie within a 200-yard radius of
land position: 41[deg]29.755' N, 081[deg]47.780' W (off of Lakewood
Park); in Lakewood, OH. (DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the first weekend in July each year.
(24) Cleveland Yachting Club Fireworks Display, Rocky River, OH.
(i) Location. All waters of the Rocky River and Lake Erie within a
200-yard radius of land position 41[deg]29.428' N, 081[deg]50.309' W
(DATUM: NAD 83) at Sunset Point on the western side of the mouth of the
Rocky River in Cleveland, OH.
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the third weekend in July each year.
(25) Lorain 4th of July Celebration Fireworks Display, Lorain, OH.
(i) Location. All waters of Lorain Harbor within a 300-yard radius
of land position 41[deg]28.591' N, 082[deg]10.855' W (DATUM: NAD 83),
east of the harbor entrance on the end of the break wall near Spitzer's
Marina.
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the first weekend in July each year.
(26) Lorain Port Fest Fireworks Display, Lorain, OH.
(i) Location. All waters of Lorain Harbor within a 250-yard radius
of land position: 41[deg]28.040' N, 082[deg]10.365' W; in Lorain, OH
(DATUM: NAD 83).
(ii) Enforcement date. This section is effective from 9:45 p.m. to
11 p.m. on the third weekend in July each year.
(b) Definitions. The following definitions apply to this section:
(1) Designated Representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Buffalo
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
(c) Regulations. (1) In accordance with the general regulations in
section 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 representative.
(2)(i) These safety zones are closed to all vessel traffic, except
as may be permitted by the Captain of the Port Buffalo or his
designated representative.
(ii) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
(iii) Upon being hailed by the U.S. Coast Guard by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed.
(3)(i) All vessels must obtain permission from the Captain of the
Port Buffalo or his designated representative to enter, move within, or
exit the safety zone established in this section when this safety zone
is enforced.
(ii) Vessels and persons granted permission to enter the safety
zone must obey all lawful orders or directions of
[[Page 18229]]
the Captain of the Port or a designated representative.
(iii) While within a safety zone, all vessels must operate at the
minimum speed necessary to maintain a safe course.
(d) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
(e) Waiver. For any vessel, the Captain of the Port Buffalo or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
(f) Notification. The Captain of the Port Buffalo will notify the
public that that the zones in this proposal are or will be enforced by
all appropriate means to the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include, but are
not limited to Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will issue a Broadcast Notice to
Mariners notifying the public when enforcement of the safety zone
established by this section is cancelled.
Sec. 165.202 [Removed and Reserved]
3. Remove and reserve Sec. 165.202.
Sec. 165.914 [Removed and Reserved]
4. Remove and reserve Sec. 165.914.
Dated: March 25, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-6896 Filed 4-2-08; 8:45 am]
BILLING CODE 4910-15-P
