[Federal Register: June 19, 2009 (Volume 74, Number 117)]
[Rules and Regulations]
[Page 29129-29131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn09-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2009-0110]
RIN 1625-AA00
Safety Zone; Thunder on Niagara, Niagara River, North Tonawanda,
NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing of a safety zone for a
powerboat race in the Captain of the Port Buffalo zone. This rule is
intended to restrict vessels from areas of water during events that
pose a hazard to public safety. The safety zone established by this
rule is necessary to protect spectators, participants, and vessels from
the hazards associated with a powerboat race.
DATES: This rule is effective from 11 a.m. August 29, 2009 to 6 p.m.
August 30, 2009.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0110 and are available online at http://
www.regulations.gov, selecting the Advanced Docket Search option on the
right side of the screen, inserting USCG-2009-0110 in the Docket ID
box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also available for inspection or copying at
two locations: The Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays and the Coast Guard
Sector Buffalo, 1 Fuhrmann Blvd, Buffalo, NY 14203 between 8 a.m. and 4
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Brian Sadler, Prevention Department,
U.S. Coast Guard Sector Buffalo, at (716) 843-9385. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 30, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Thunder on Niagara, Niagara River, North
Tonawanda, NY in the Federal Register (74 FR 82). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
Background and Purpose
Temporary safety zones are necessary to ensure the safety of
vessels and spectators from the hazards associated with powerboat
races. Based on recent accidents that have occurred in other Captain of
the Port zones, the Captain of
[[Page 29130]]
the Port Buffalo, has determined powerboat 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 Comments and Changes
There were no comments made to the proposed rule. Therefore, the
temporary final rule is the same as the proposed rule.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary.
The Coast Guard's use of this safety zone will be periodic in
nature, 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 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This temporary final rule may 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 by this rule. 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 temporary final rule would
be in effect for short periods of time and only once per year. 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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. 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 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 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.
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, 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.
0
2. Add new temporary Sec. 165.T09-0110 to read as follows:
Sec. 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[deg]03'36'' N, 078[deg]54'45''
W to 43[deg]03'09'' N, 078[deg]55'21'' W to 43[deg]03'00'' N,
078[deg]53'42'' W to 43[deg]02'42'' N, 078[deg]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-by-case 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