[Federal Register: July 29, 2005 (Volume 70, Number 145)]
[Rules and Regulations]
[Page 43775-43777]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy05-18]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-05-101]
RIN 1625-AA00
Safety Zone; Rohrbach's Ontario Regatta, Hamlin Beach State Park,
Monroe County, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone
restricting all vessel traffic on Lake Ontario, Near Hamlin Beach State
Park, Monroe County, New York, due to Catamaran Sailboat Races, August
6, 2005 and August 7, 2005. This temporary safety zone is necessary to
ensure the safety of both the participants and spectators of the sail
boat races.
DATES: This rule is effective from 10 a.m. (local) on August 6, 2005
through 12 p.m. (local) on August 7, 2005.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket [CGD09-05-101] and are available for
inspection or copying at U.S. Coast Guard Marine Safety Office Buffalo,
1 Fuhrmann Blvd, Buffalo, New York 14203, between 8 a.m. (local) and 4
p.m. (local), Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: LT Craig A. Wyatt, U. S. Coast Guard
Marine Safety Office Buffalo (716) 843-9570.
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), 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. The Coast Guard has not
received any complaints or negative comments previously with regard to
this event.
Background and Purpose
Temporary safety zones are necessary to ensure the safety of
vessels and participants. Establishing a temporary safety zone to
control vessel movement throughout a portion of Lake Ontario will help
minimize risks associated with Catamaran boat races. Upon completion of
the races, the Coast Guard Captain of the Port Buffalo or the
designated on-scene representative will inform waterway users that the
temporary safety zone is no longer being enforced via the Broadcast
Notice to Mariners.
Discussion of Rule
The temporary safety zone will encompass all waters and adjacent
[[Page 43776]]
shoreline of Hamlin Beach State Park at the following location within a
2nm radius of 43[deg]22'11'' N, 077[deg]58'27'' W. The geographic
coordinate is based upon North American Datum 1983 (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port Buffalo 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 the designated on-scene representative. The designated on-scene
representative will be the Patrol Commander. The Captain of the Port
Buffalo or the Patrol Commander may be contacted by radio on 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 it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The Coast Guard expects the economic impact of this proposal to be
so minimal that a full Regulatory Evaluation under 10(e) of the
regulatory policies and procedures of (DHS) is unnecessary.
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 recreational and
commercial vessels intending to enter, transit or anchor in the
temporary safety zone.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: The
temporary safety zone is only in effect for two days and vessel traffic
can safely pass outside the proposed safety zone during the event and
vessel traffic may be allowed to pass through the safety zone under
Coast Guard escort with the permission of the Captain of the Port
Buffalo or his designated on-scene representative. Before the effective
period, we will issue maritime advisories to users of Lake Ontario by
the Ninth Coast Guard District Local Notice to Mariners, and Marine
Information Broadcasts. Facsimile broadcasts may also be made.
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 the rule so that they could better evaluate
its effects on them 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 Buffalo
(see ADDRESSES.)
Small businesses may send comments on 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).
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 an 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 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
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.
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
[[Page 43777]]
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 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 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, we believe that this rule should be
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 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, 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(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. A new temporary Sec. 165.T09-101 is added to read as follows:
Sec. 165.T09-101 Safety Zone; Rohrbach's Ontario Regatta, Hamlin
Beach State Park, Monroe County, NY.
(a) Location: The following area is a temporary safety zone: all
waters and adjacent shoreline of Hamlin Beach State Park at the
following location within a 2nm radius of 43[deg]22'11'' N,
077[deg]58'27'' W. The geographic coordinate is based upon North
American Datum 1983 (NAD 83).
(b) Effective period: This rule is effective from 10 a.m. (local)
on August 6, 2005 through 12 p.m. (local) on August 7, 2005. This rule
will be enforced between 10 a.m. until 5 p.m., on August 6, 2005 and 9
a.m. until 12 p.m., on August 7, 2005.
(c) Regulations: (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Coast Guard
Captain of the Port Buffalo or his designated on-scene representative.
(2) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be the Patrol
Commander. The Patrol Commander will be aboard either a Coast Guard or
Coast Guard Auxiliary vessel. The Captain of the Port or the Patrol
Commander may be contacted via radio on VHF Channel 16.
(3) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone shall comply with all
directions given to them by the Captain of the Port Buffalo or his on-
scene representative.
Dated: July 20, 2005.
S.J. Ferguson,
Commander, U.S. Coast Guard, Captain Of The Port Buffalo.
[FR Doc. 05-15069 Filed 7-28-05; 8:45 am]
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