[Federal Register: June 28, 2005 (Volume 70, Number 123)]
[Rules and Regulations]
[Page 37038-37040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn05-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-026]
RIN 1625-AA00
Safety Zone; Mentor Harbor Offshore Powerboat Race, Mentor, OH
AGENCY: Coast Guard, DHS
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the 2005 Mentor Harbor Offshore Powerboat Race. The safety zone is
necessary to ensure the safety of the people participating in this
event on July 10, 2005. The safety zone will restrict vessels from
portions of the southern shore of Lake Erie.
DATES: This rule is effective from 12 p.m. (local) through 4 p.m.
(local) on Sunday July 10, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket (CGD09-05-026) and are available for
inspection or
[[Page 37039]]
copying at the U.S. Coast Guard Marine Safety Office Cleveland, 1055
East Ninth Street, Cleveland, Ohio 44114, between the hours of 7:30
a.m. and 3:30 p.m., Monday through Friday, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: LT Allen Turner, U.S. Coast Guard
Marine Safety Office Cleveland, at (216) 937-0128.
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 exact date of the event
was not known with sufficient time to allow for the publication of an
NPRM followed by an effective date before the event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event, and immediate action is necessary to
prevent possible loss of life or property.
Background and Purpose
The following area is a safety zone: All waters located within 400
yards of the triangular race course as drawn by a line from position
41[deg]43'49'' N, 081[deg]21'18'' W to position 41[deg]46'02'' N,
081[deg]20'51'' W and to 41[deg]45'34'' N, 081[deg]18'04'' W. Entry
into, transit through, or anchoring within this safety zone is not
allowed unless authorized by the Captain of the Port Cleveland or his
designated on-scene representative. The designated on-scene
representative will be the Coast Guard Patrol Commander. The Coast
Guard Patrol Commander may be contacted via VHF Channel 16.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed this rule under that
Order. It is not significant under the regulatory policies and
procedures of the Department of Homeland Security (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under paragraph 10(e) of the regulatory
policies and procedures of DHS is unnecessary.
This determination is based on limited time that the safety zone
will be in effect, and the extensive advance notice will be made to the
maritime community via Local Notice to Mariners, facsimile, and marine
safety information broadcasts. This regulation is tailored to impose a
minimal impact on maritime interests without compromising safety.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant impact on a
substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of commercial vessels
intending to transit a portion of the activated safety zone.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: The
proposed zone is only in effect for a few hours on the day of the
event. Before the activation of the safety zone, the Coast Guard will
issue maritime advisories available to users who may be impacted
through notification in the Local Notice to Mariners, facsimile, and
marine safety information broadcasts. Additionally, the Coast Guard has
not received any reports from small entities that will be negatively
affected.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule so that they can better evaluate
its effects and participate in the rulemaking process. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Marine Safety Office Cleveland
(see ADDRESSES).
Collection of Information
This rule would call 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 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule would 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
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial
[[Page 37040]]
direct effect on one or more Indian tribes, on the relationship between
the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs 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 procedure; 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 proposed rule under Commandant Instruction
M16475.1D, 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 there are no factors in this
case that would limit the use of categorical exclusion under Section
2.B.2 of the Instruction. Therefore, we believe this rule should be
categorically excluded under figure 2-1, paragraph 34(g) of the
Instruction, from further environmental documentation.
A preliminary ``Environmental Analysis Check List'' is available in
the docket where indicated under ADDRESSES. Comments on this section
will be considered before we make the final decision on whether the
rule should be categorically excluded from further environmental
review.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, 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(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-026 to read as follows:
Sec. 165.T09-026 Safety Zone; 2005 Mentor Harbor Offshore Classic,
Mentor, OH.
(a) Location. The following area is a safety zone: All waters
located within 400 yards of the triangular race course as drawn by a
line from position 41[deg]43'49'' N, 081[deg]21'18'' W to position
41[deg]46'02'' N, 081[deg]20'51'' W and to 41[deg]45'34'' N,
081[deg]18'04'' W.
(b) Effective Period. This section is effective from noon (local)
until 4 p.m. (local) on Sunday July 10, 2005.
(c) Regulations. Entry into, transit through, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Cleveland or his designated on-scene representative. The
designated on-scene representative will be the Coast Guard Patrol
Commander. The Coast Guard Patrol Commander may be contacted via VHF
Channel 16.
Dated: June 21, 2005.
Lorne W. Thomas,
Commander, U.S. Coast Guard, Captain of the Port Cleveland.
[FR Doc. 05-12726 Filed 6-27-05; 8:45 am]
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