[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Rules and Regulations]
[Pages 34353-34355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11674]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-05-019]
RIN 1625-AA00


Safety Zone; Rochester Harbor Boat Parade, Rochester, 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 Rochester Harbor and the Genesee 
River. This safety zone is intended to restrict vessel traffic from a 
portion of Rochester Harbor and the Genesee River, Rochester, New York 
during a boat parade. This safety zone is necessary to ensure the 
safety of spectators.

DATES: This rule is effective from 9 p.m. on June 24, 2005 through 10 
p.m. on June 24, 2005.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of the docket (CGD09-05-019), and are available for 
inspection or copying at U.S. Coast Guard Marine Safety Office (MSO) 
Buffalo, 1 Fuhrmann Blvd, Buffalo, New York 14203 between 7 a.m. and 3 
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, at (716) 843-9570.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    We did not publish a notice of 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. This safety zone is temporary 
in nature and limited time existed for an NPRM. Under 5 U.S.C. 
553(d)(3), the Coast Guard also 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 impracticable and contrary to 
public interest since immediate action is needed to minimize potential 
danger to the public during the boat parade.

Background and Purpose

    Temporary safety zones are necessary to ensure the safety of 
vessels and spectators from the hazards associated with boat parades. 
Based on recent accidents that have occurred in other Captain of the 
Port zones, the Captain of the Port Buffalo has determined that boat 
parades in close proximity to other watercraft pose significant risks 
to public safety and property. The combination of large numbers of 
inexperienced recreational boaters, congested waterways and alcohol 
use, could easily result in serious injury or fatalities.

Discussion of Rule

    The Coast Guard is establishing a safety zone consisting of all 
navigable waters of Rochester Harbor and the Genesee River, Rochester, 
New York. The Coast Guard will notify the public in advance, by way of 
Ninth Coast Guard District Local Notice to Mariners, marine information 
broadcasts, and for those who request it from Marine Safety Office 
Buffalo, by facsimile (fax).

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 the regulatory policies and procedures 
of DHS is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zones, and all of the zones are in areas where 
the Coast Guard expects insignificant adverse impact to mariners from 
the zones'' activation.

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

[[Page 34354]]

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 an activated safety zone.
    This safety zone would not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone is only in effect from 9 p.m. until 10 p.m. on the day of 
the event and vessel traffic can safely pass outside the safety zone 
during the event. In cases where traffic congestion is greater than 
expected and/or blocks shipping channels, traffic may be allowed to 
pass through the safety zone under a Coast Guard or assisting agency 
escort with the permission of the Captain of the Port Buffalo. 
Additionally, the Coast Guard has not received any negative reports 
from small entities affected during these displays in previous years.
    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. 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).

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 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 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

    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 would not create an 
environmental risk to health or risk to safety that might 
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 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 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. Paragraph (34)(g) 
is applicable to this event because the intent of this rule is to 
establish a safety zone.
    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 record 
keeping requirements, Security measures, Waterways.

[[Page 34355]]


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.T09-019 is added to read as follows:


Sec.  165.T09-019  Safety Zone; Rochester Harbor Boat Parade, 
Rochester, NY.

    (a) Location. The following area is a temporary safety zone: all 
waters of Rochester Harbor and the Genesee River encompassed by an area 
800-yards around the West Jetty pier in approximate position: 43[deg] 
15'40'' N, 077[deg] 36'05'' W.
    These coordinates are based upon NAD 83.
    (b) Regulations. (1) Entry into or remaining in this zone is 
prohibited unless authorized by the Coast Guard Captain of the Port, 
Buffalo.
    (2) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into this safety zone is prohibited unless authorized 
by the Coast Guard Captain of the Port Buffalo, or his designated on-
scene representative.
    (c) Authority. In addition to 33 U.S.C. 1231, the authority for 
this section includes 33 U.S.C. 1226.
    (d) Effective time and date. This section is effective from 9 p.m. 
(local) on June 24, 2005 through 10 p.m. (local) on June 24, 2005.

    Dated: May 23,2005.
P.M. Gugg,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 05-11674 Filed 6-13-05; 8:45 am]
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