[Federal Register: July 12, 2007 (Volume 72, Number 133)]
[Rules and Regulations]
[Page 38010-38012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jy07-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-07-062]
RIN 1625-AA00
Safety Zone; USA Wakeboard Nationals, Onondaga Lake, Liverpool,
NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
encompassing the navigable waters of Onondaga Lake, Liverpool, NY. This
safety zone is necessary to ensure the safety of spectators and vessels
from the hazards associated with a Power Boat Race. This safety zone
restricts vessel traffic from a portion of Onondaga Lake, Liverpool,
NY.
DATES: This rule is in effect from 8 a.m. July 11, 2007 to 5:30 p.m.
July 15, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of the docket CGD09-07-062, and are available for
inspection
[[Page 38011]]
or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Blvd.,
Buffalo, New York 14203 between 8 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard
Sector Buffalo; (716) 843-9573.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date. Under 5 U.S.C. 553(d)(3), good cause exists for making
this rule effective less than 30 days after publication in the Federal
Register. Delaying this rule would be contrary to the public interest
or ensuring the safety of spectators and vessels during this event and
immediate action is necessary to prevent possible loss of life or
property.
Background and Purpose
This temporary safety zone is necessary to ensure the safety of
vessels and spectators from the hazards associated with Power Boat
Races. Based on recent accidents that have occurred in other Captain of
the Port zones, the Captain of the Port Buffalo has determined Power
Boat Races pose significant risks to public safety and property. The
likely combination of large numbers of recreational vessels, congested
waterways, and alcohol use could easily result in serious injuries or
fatalities.
Discussion of Rule
The proposed safety zone consists of all navigable waters of
Onondaga Lake, Liverpool, NY starting at position 43[deg]05'00'' N,
076[deg]11'15'' W, South East to 43[deg]04'15'' N, 076[deg]12'12'' W,
South to 43[deg]03'42'' N, 076[deg]11'16'' W, West to 43[deg]04'22'' N,
076[deg]10'36'' W [Datum: NAD 83]; one and a half miles from Marina
Basin. The size of this zone was determined using the location of the
race course approved by the Captain of the Port Buffalo and local
knowledge concerning wind, waves, and currents.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on-scene
representative. Entry into, transiting, or anchoring within this safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 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 this rule under that Order.
This determination is based on the minimal time that vessels will
be restricted from the zone, and the zone is in areas where the Coast
Guard expects insignificant adverse impact to mariners from the zone's
activation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the Onondaga Lake, Liverpool, NY between 8
a.m. and 5:30 p.m. on July 11-15, 2007.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for nine and a half hours for five days. Vessel
traffic can safely pass outside the safety zone during the event. In
the event that this temporary safety zone affects shipping, commercial
vessels may request permission from the Captain of the Port Buffalo to
transit through the safety zone. The Coast Guard will give notice to
the public via a Broadcast to Mariners that the regulation is in
effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's responsiveness
to small business. If you wish to comment on actions by employees of
the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). 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 rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not
[[Page 38012]]
an economically significant rule and does not concern 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 this safety zone and fishing rights
protection need not be incompatible. We have also determined that this
rule does not have tribal implications under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes. Nevertheless, Indian tribes
that have questions concerning the provisions of this 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 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
system practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. This event establishes a safety zone; therefore
paragraph (34)(g) of the Instruction applies.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A new temporary Sec. 165.T09-062 is added to read as follows
Sec. 165.T09-062 Safety Zone; USA Wakeboard Nationals, Onondaga Lake,
Liverpool, NY.
(a) Location. The following area is a temporary safety zone: all
waters of the Onondaga Lake, Liverpool, NY 43[deg]05'00'' N,
076[deg]11'15'' W, South East to 43[deg]04'15'' N, 076[deg]12'12'' W,
South to 43[deg]03'42'' N, 076[deg]11'16'' W, West to 43[deg]04'22'' N,
076[deg]10'36'' W [DATUM: NAD 83]; one and a half miles from Marina
Basin.
(b) Enforcement period. This rule will be enforced from 8 a.m. to
5:30 p.m. July 11-15, 2007.
(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 the on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his on-scene
representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port to act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or the on-scene
representative to obtain permission to do so. The Captain of the Port
or his on-scene representative may be contacted via VHF Channel 16.
(5) Vessel operators given permission to enter or operate in the
safety zone must comply with all direction given to them by the Captain
of the Port Buffalo or his on-scene representative.
Dated: June 28, 2007.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E7-13501 Filed 7-11-07; 8:45 am]
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