[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Rules and Regulations]
[Pages 36292-36294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15394]
[[Page 36292]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0529]
RIN 1625-AA00
Safety Zone; Bay Swim III, Presque Isle Bay, Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for a
swimming event 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 participants and vessels from the hazards
associated with a swimming event.
DATES: This rule is effective from 9 a.m. to 11 a.m. on June 26, 2010.
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-2010-0529 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0529 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at 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.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0529 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0529 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Lieutenant Brian Sadler, Waterways
Management Division Chief, U.S. Coast Guard Sector Buffalo, at Coast
Guard; telephone 716-843-9573, e-mail [email protected]. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the publishing of an NPRM would be
impracticable and contrary to public interest since immediate action is
needed to ensure the public's safety during the swim race. The danger
posed by the combination of participants swimming in the open water in
Lake Erie along with motor vessels sharing the same area of water,
presents a high risk of serious injuries or fatalities. Delaying the
implementation of the safety zone would subject the public to the
hazards associated with 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.
Basis and Purpose
Temporary safety zones are necessary to ensure the safety of
participants and vessels from the hazards associated with swimming
event. The Captain of the Port Buffalo has determined that swimming
events present a significant risk to public safety. The likely
combination of participants swimming in the open water in Lake Erie
along with motor vessels sharing the same area of water, presents a
high risk of serious injuries or fatalities.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
participants, spectators and vessels in conjunction with the Bay Swim
III swimming event. The safety zone will be effective from 9 a.m. to 11
a.m. on June 26, 2010. The safety zone will encompass specified waters
of Presque Isle Bay, Lake Erie, near Erie, Pennsylvania starting at
position 42[deg]07'34'' N, 80[deg]08'11'' W; then South East to
42[deg]07'22'' N, 80[deg]07'48'' W; then West to 42[deg]07'24'' N,
80[deg]08'48'' W; then North East returning to the point of origin to
form a triangle (DATUM: NAD 83).
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.
Although this regulation will apply to the specified waters of the
Lake Erie, the zone will not have a significant impact on small
entities because the zone will only be in place for a limited duration
of time and maritime advisories will be issued in advance to allow the
public to adjust their plans accordingly.
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 a portion of Presque Isle Bay, Lake
Erie, near Erie, Pennsylvania between 9 a.m. to 11 a.m. on June 26,
2010.
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 two hours for one day and the safety zone
will allow vessels to move freely around the safety zone on Presque
Isle Bay.
[[Page 36293]]
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the 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 (adjusted for
inflation) 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 cause 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.
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 that 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 temporary safety zone 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, and Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 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. Chapters 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. Add Sec. 165.T09-0529 to read as follows:
Sec. 165.T09-0529 Safety Zone; Bay Swim III, Presque Isle Bay, Erie,
PA
(a) Location. The safety zone will encompass specified waters of
Presque Isle Bay, Erie, Pennsylvania starting at position
42[deg]07'34'' N, 80[deg]08'11'' W; then South East to 42[deg]07'22''
N, 80[deg]07'48'' W; then West to 42[deg]07'24'' N, 80[deg]08'48'' W;
then returning North East to the point of origin to form a triangle
(DATUM: NAD 83).
(b) Effective Period. This regulation is effective from 9 a.m. to
11 a.m. on June 26, 2010.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within an enforced safety
[[Page 36294]]
zone established by this section is prohibited unless authorized by the
Captain of the Port Buffalo or his 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 Buffalo to act on his
behalf. 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 an
enforced safety zone shall contact the Captain of the Port Buffalo or
his on-scene representative to obtain permission to do so. The Captain
of the Port Buffalo or his on-scene representative may be contacted via
VHF Channel 16. Vessel operators given permission to enter or operate
in the safety zone must comply with all directions given to them by the
Captain of the Port Buffalo, or his on-scene representative.
Dated: June 15, 2010.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2010-15394 Filed 6-24-10; 8:45 am]
BILLING CODE 9110-04-P