[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Rules and Regulations]
[Pages 43775-43777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15069]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-P