Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 24899 

Vessels, including ships and barges 

carrying petroleum products, chemicals, 

or other hazardous cargo will be 

recognized by the requirement to fly the 

Bravo flag (red international signal 

pennant) from the outermost halyard 

(above the pilot house) where it can 

most easily be seen. Designated Vessels 

carrying government officials, 

dignitaries, or other passengers 

requiring protection, and passenger 

vessels authorized to carry more than 

400 passengers and are less than 200 

feet in length will be recognizable by 

their being escorted by a federal, state or 

local law enforcement or security vessel. 

The law enforcement or security vessel 

will be identifiable by flashing light, 

siren, flags, markings and/or through 

other means that clearly identify the 

vessel as engaged in law enforcement or 

security operations. 

(16) 134th Street Pipeline Metering 

and Regulating Station.—(i) Location. 

All waters of the Hudson River within 

25 yards of the 134th Street Pipeline 

Metering and Regulating Station. 

(ii) Regulations. (A) Vessels not 

actively engaged in facility maintenance 

or inspection operations authorized in 

advance by the Pipeline Security Officer 

or designated representative, or 

authorized docking or undocking 

operations, must not enter within any 

part of a zone described in paragraph 

(a)(16) of this section without the 

express permission of the Coast Guard 

Captain of the Port, a designated 

representative or designated on-scene 

patrol personnel. 

(B) Persons seeking Captain of the 

Port permission to enter within a 

particular zone for official business 

other than authorized passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations 

or authorized docking or undocking 

operations may request such 

authorization by contacting: 

Commander Coast Guard Sector New 

York, via the Sector Command Center 

(SCC), at: 212 Coast Guard Drive, Staten 

Island, NY 10305, or via fax to (718) 

354–4125 or by contacting the Sector 

Command Center Duty Officer by phone 

at: (718) 354–4353. Before authorization 

to enter the zone, the Coast Guard will 

evaluate available information, which 

may vary depending on on-scene and 

operational conditions. Vessels 

requesting permission to enter the zone 

should be prepared to communicate 

with the Coast Guard while this 

evaluation process occurs. Information 

the Coast Guard will evaluate in making 

its determination may include the 

manifest of all equipment and personnel 

to be granted access to the area, dates 

and times of access, the purpose for 

which access is requested, and on-scene 

contact information for personnel or 

equipment that will occupy the zone. 

(17) Waterfront Heliports.—(i) 

Location. All waters of the East River 

within 25 yards of the East 34th Street 

and Wall Street Heliports, and all waters 

of the Hudson River within 25 yards of 

the West 30th Street Heliport and the 

Jersey City/Newport Helistop, areas of 

land or water under and in immediate 

proximity to them; buildings on such 

structures or contiguous to them; and 

equipment and materials on such 

structures and in such buildings. When 

a barge, ferry, or other commercial 

vessel is conducting transfer operations 

at a waterfront heliport, the 25-yard 

zone is measured from the outboard side 

of the commercial vessel. 

(ii) Regulations. (A) Vessels not 

actively engaged in passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations, 

or docking or undocking operations, 

authorized in advance by the Facility 

Security Plan, Facility Security Officer 

or designated representative, must not 

enter within any part of a zone 

described in paragraph (a)(17) of this 

section without the express permission 

of the Coast Guard Captain of the Port, 

a designated representative, or 

designated on-scene patrol personnel. 

(B) Persons seeking Captain of the 

Port permission to enter within a 

particular zone for official business 

other than authorized passenger, cargo, 

provision, facility maintenance or 

inspection, bunker transfer operations 

or authorized docking or undocking 

operations may request such 

authorization by contacting: 

Commander Coast Guard Sector New 

York, via the Sector Command Center 

(SCC), at: 212 Coast Guard Drive, Staten 

Island, NY 10305, or via fax to (718) 

354–4125 or by contacting the Sector 

Command Center Duty Officer by phone 

at: (718) 354–4353. Before authorization 

to enter the zone, the Coast Guard will 

evaluate available information, which 

may vary depending on on-scene and 

operational conditions. Vessels 

requesting permission to enter the zone 

should be prepared to communicate 

with the Coast Guard while this 

evaluation process occurs. Information 

the Coast Guard will evaluate in making 

its determination may include the 

manifest of all equipment and personnel 

to be granted access to the area, dates 

and times of access, the purpose for 

which access is requested, and on-scene 

contact information for personnel or 

equipment that will occupy the zone. 

(C) Vessels entering or departing the 

marina north of the Newport Helistop 

are authorized to transit through the 

safety/security zone around the 

Newport Helistop during their transit, 

provided that helicopters are not taking 

off or landing. No loitering or 

unnecessary delay is authorized during 

these transits. 

* * * * * 

Dated: April 25, 2008. 

Michael S. Gardiner, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, New York. 

[FR Doc. E8–10000 Filed 5–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0326] 

RIN 1625–AA00 

Safety Zone; Rochester Harborfest, 

Lake Ontario at the Genesee River, 

Rochester, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes 

establishment of a safety zone for a 

fireworks event in the Captain of the 

Port Buffalo zone. This proposed rule is 

intended to restrict vessels from 

portions of water and shore areas during 

events that pose a hazard to public 

safety. The safety zone established by 

this proposed rule is necessary to 

protect spectators, participants, and 

vessels from the hazards associated with 

fireworks displays. 

DATES: Comments and related materials 

must reach the Coast Guard on or before 

June 5, 2008. 

ADDRESSES: You may mail comments 

and related material to Commander, 

U.S. Coast Guard Sector Buffalo, 1 

Fuhrmann Boulevard, Buffalo, NY 

14203. Sector Buffalo Prevention 

Department maintains the public docket 

for this rulemaking. Comments and 

material received from the public, as 

well as documents indicated in this 

preamble as being available in the 

docket, will become part of this docket 

and will be available for inspection or 

copying at Coast Guard Sector Buffalo 

between 8 a.m. and 3 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have further questions on this rule, 

contact Lieutenant Tracy Wirth, U.S. 

Coast Guard Sector Buffalo, at (716) 

843–9573. 

SUPPLEMENTARY INFORMATION: 


jlentini on PROD1PC65 with PROPOSALS
24900 Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking [USCG–2008–0326], 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, 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. 

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 

This temporary safety zone is 

necessary to ensure the safety of vessels 

and spectators from hazards associated 

with a fireworks display. Based on 

accidents that have occurred in other 

Captain of the Port zones, and the 

explosive hazards of fireworks, the 

Captain of the Port Buffalo has 

determined fireworks launches in close 

proximity to watercraft pose significant 

risk to public safety and property. The 

likely combination of large numbers of 

recreation vessels, congested waterways, 

darkness punctuated by bright flashes of 

light, alcohol use, and debris falling into 

the water could easily result in serious 

injuries or fatalities. Establishing a 

safety zone to control vessel movement 

around the location of the launch 

platform will help ensure the safety of 

persons and property at these events 

and help minimize the associated risks. 

Discussion of Proposed Rule 

The proposed rule is necessary to 

ensure the safety of vessels and people 

during the Rochester Harborfest 

Fireworks. The proposed safety zone is 

described in subparagraphs (1) of this 

regulation. The proposed safety zone 

will be enforced only immediately 

before and during the event which poses 

hazard to the public and only upon 

notice by the Captain of the Port. The 

Captain of the Port Buffalo will cause 

notice of enforcement of the safety zone 

established by this section to be made 

by all appropriate means to the affected 

segments of the public including 

publication in the Federal Register 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 

suspended. 

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 this safety 

zone will be of short duration and 

designed to minimize the impact on 

navigable waters. This safety zone will 

only be enforced immediately before 

and during the time the event occurs. 

Furthermore, this safety zone has been 

designed to allow vessels to transit 

unrestricted to portions of the waterway 

not affected by the safety zone. The 

Coast Guard expects insignificant 

adverse impact to mariners from the 

activation of this safety zone. 

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 area designated as the 

safety zone in subparagraph (1) during 

the date and time the safety zone is 

being enforced. This safety zone would 

not have a significant economic impact 

on a substantial number of small entities 

for the following reasons. The safety 

zone in this proposed rule will be in 

effect only for a short period of time. 

The safety zone has been designed to 

allow traffic to pass safely around the 

zone whenever possible and vessels will 

be allowed to pass through the zone 

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 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 

LT Tracy Wirth, Prevention Department, 

Coast Guard Sector Buffalo, Buffalo, NY 

at (716) 843–9573. The Coast Guard will 

not retaliate against small entities that 

question or complain about this rule or 

any policy or action of the Coast Guard. 

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 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. 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules 24901 

Though this proposed rule will not 

result in such expenditure, we do 

discuss the effects of this proposed rule 

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 special local regulations 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, 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 action is not likely to have a 

significant impact on the human 

environment. A preliminary 

‘‘Environmental Analysis Check List’’ is 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from the 

proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

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; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

2. Add § 165.T09–005 to read as 

follows: 

§ 165.T09–005 Safety Zone; Rochester 

Harborfest, Lake Ontario at the Genesee 

River, Rochester, NY. 

(a) Location. The following area is a 

temporary safety zone: All waters of 

Lake Ontario at Genesee River, 

Rochester, NY within a five hundred 

foot radius of position 43°15′21′′ N, 

077°36′19′′ W. [DATUM: NAD 83]. 

Located on the Ontario Beach West pier. 

(b) Effective Period. This regulation is 

effective from 9:30 p.m. to 10 p.m. on 

June 21, 2008. 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) All persons and vessels must 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated on scene patrol personnel. 

Coast Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. Upon 

being hailed by a U.S. Coast Guard 

vessel via siren, radio, flashing light, or 

other means, the operator shall proceed 

as directed. 

(3) Commercial vessels may request 

permission from the Captain of the Port 

Buffalo to transit the safety zone. 

Approval will be made on a case-bycase basis. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Buffalo on Channel 16, VHF–FM. 

Dated: April 14, 2008. 

S.J. Ferguson, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. E8–10001 Filed 5–5–08; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–0328] 

RIN 1625–AA11 

Safety Zone; Thunder on Niagara, 

Niagara River, North Tonawanda, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 


jlentini on PROD1PC65 with PROPOSALS