Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Rules and Regulations 29131 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves a regulated navigation area and 

as such is covered by this paragraph. 

An environmental analysis checklist 

and a 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: 

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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add new temporary § 165.T09– 

0110 to read as follows: 

§ 165.T09–0110 Safety Zone; Thunder on 

Niagara, Niagara River, North Tonawanda, 

NY. 

(a) Location. The following area is a 

temporary safety zone: all waters of the 

Upper Niagara River, North Tonawanda, 

NY within two miles of the Grand 

Island Bridge located at 42°03′36′′ N, 

078°54′45′′ W to 43°03′09′′ N, 078°55′21′′ 

W to 43°03′00′′ N, 078°53′42′′ W to 

43°02′42′′ N, 078°54′09′′ W. All 

Geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Effective Period. This regulation is 

effective from 11 a.m. August 29, 2009 

to 6 p.m. August 30, 2009. This zone 

will be enforced from 11 a.m. to 6 p.m. 

on August 29, 2009 and August 30, 

2009. 

(c) Regulations. The general 

regulations contained in 33 CFR 165.23 

apply. 

(1) 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. 

(2) 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: May 29, 2009. 

R.S. Burchell, 

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

Port Buffalo. 

[FR Doc. E9–14382 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0472] 

Safety Zones: Annual Events 

Requiring Safety Zones in the Captain 

of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zones for annual fireworks 

displays in the Captain of the Port 

Buffalo Zone during June 1, 2009 

through June 30, 2009. This action is 

necessary for the safety of life and 

property on navigable waters during 

these events. During the enforcement 

period, no person or vessel may enter 

the safety zones without the permission 

of the Captain of the Port Buffalo. 

DATES: The regulations in 33 CFR 

165.939(a)(10) and (a)(12) will be 

enforced on June 26, 2009 at 9:30 p.m. 

to 10:30 p.m. and June 27, 2009 at 8 

p.m. to 10 p.m. respectively. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail LT Brian Sadler, Waterways 

Management Division Chief, Coast 

Guard Sector Buffalo, 1 Fuhrmann 

Blvd., Buffalo, NY 14203; telephone 

716–843–9573, e-mail 

Brian.L.Sadler@USCG.MIL. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

safety zone for the City of Syracuse 

Fireworks Celebration on Onondaga 

Lake Inner Harbor, Syracuse, NY in 33 

CFR 165.939(a)(10) on June 26, 2009 

from 9:30 p.m. to 10:30 p.m. and the 

safety zone for Rochester Harbor and 

Carousel Festival Fireworks on the 

Genesee River at Lake Ontario, 

Rochester, NY in 33 CFR 165.939(a)(12) 

on June 27, 2009 from 8 p.m. to 10 p.m. 

These regulations can be found in the 

May 19, 2008 issue of the Federal 

Register (73 FR 28704). 

Under the provisions of 33 CFR 

165.20, entry into, transiting, or 

anchoring within these safety zones is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated representative. Vessels that 

wish to transit through the safety zones 

may request permission from the 

Captain of the Port Buffalo. Requests 

must be made in advance and approved 

by the Captain of Port before transits 

will be authorized. Approvals will be 

granted on a case by case basis. The 

Captain of the Port may be contacted via 

U.S. Coast Guard Sector Buffalo on 

channel 16, VHF–FM. The Coast Guard 

will give notice to the public via a 

Broadcast to Mariners that the 

regulation is in effect. 

This notice is issued under authority 

of 33 CFR 165.939 and 5 U.S.C. 552(a). 

If the District Commander, Captain of 

the Port, or other official authorized to 

do so, determines that the regulated area 

need not be enforced for the full 

duration stated in this notice, he or she 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

safety zone. 

Dated: June 4, 2009. 

R.S. Burchell, 

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

Port Buffalo. 

[FR Doc. E9–14384 Filed 6–18–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0478] 

RIN 1625–AA00 

Safety Zone; Southside Summer 

Fireworks, St. Clair River, Port Huron, 

MI 

AGENCY: Coast Guard, DHS. 


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