[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Rules and Regulations]
[Pages 37038-37040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12726]


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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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