[Federal Register Volume 71, Number 101 (Thursday, May 25, 2006)]
[Rules and Regulations]
[Pages 30064-30066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8067]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-029]
RIN 1625-AA00


Safety Zone; Thunder on the Niagara, the Niagara River at 
Gratwick Riverside Park, North Tonowanda, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone 
encompassing the navigable waters of the upper Niagara River by 
Gratwick Riverside Park in North Tonawanda, NY. This safety zone is 
necessary to ensure the safety of spectators and vessels from the 
hazards associated with a boat race. This safety zone restricts vessel 
traffic from a portion of the Niagara River at Gratwick Riverside Park, 
North Tonawanda, NY.

DATES: This rule is in effect from 11 a.m. on June 3, 2006 until 5 p.m. 
on June 4, 2006. This rule will be enforced from 11 a.m. until 5 p.m. 
on June 3, 2006, and from 12 p.m. until 5 p.m. on June 4, 2006. All 
times are local.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket 
are part of the docket (CGD09-06-029), and are available for inspection 
or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Blvd, 
Buffalo, New York 14203 between 7 a.m. and 4 p.m. (local), Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard 
Sector Buffalo, at (716) 843-9573.

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. This safety zone will only be 
in effect for two days and there was insufficient time to publish 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 
contrary to the public interest since immediate action is needed to 
minimize potential danger to the public during the fireworks 
demonstration.

Background and Purpose

    A temporary safety zone is 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 the Port Buffalo has determined 
powerboat races pose significant risks to public safety and property.
    In the absence of a safety zone, the likely combination of large 
numbers of recreational vessels, congested waterways, and alcohol use, 
could easily result in serious injuries or fatalities.

Discussion of Rule

    The proposed safety zone consists of all navigable waters of the 
Upper

[[Page 30065]]

Niagara River 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). The 
size of this proposed zone was determined using the location of the 
race course approved by the Captain of the Port Buffalo and local 
knowledge concerning wind, waves, and currents.
    All persons and vessels must comply with the instructions of the 
Coast Guard Captain of the Port or his designated patrol 
representative. The designated on-scene patrol representative will be 
the patrol commander. Entry into, transiting, or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port 
Buffalo or his designated on-scene representative. The Captain of the 
Port or his designated on-scene representative 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, 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 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 zone, and the zone is in areas where the Coast 
Guard expects insignificant adverse impact to mariners from the zone's 
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule may 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 will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone is only in effect for two short periods of time. Vessel 
traffic can safely pass outside the safety zone during the event. In 
cases where traffic congestion is greater than expected or blocks 
shipping channels, traffic may be allowed to pass through the safety 
zone under 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.

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.
    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 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-
800-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 affect 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 will 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

[[Page 30066]]

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 concluded 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. A preliminary 
``Environmental Analysis Check List'' is 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; 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 temporary Sec.  165.T09-029 to read as follows:


Sec.  165.T09-029  Safety Zone; Thunder on the Niagara, Gratwick 
Riverside Park, North Tonawanda, NY.

    (a) Location. The following area is a temporary safety zone: all 
waters of the upper Niagara River located at 42[deg]03[min]36[sec] N, 
078[deg]54[min]45[sec] W to 43[deg]03[min]09[sec] N, 
078[deg]55[min]21[sec] W to 43[deg]03[min]00[sec] N, 
078[deg]53[min]42[sec] W to 43[deg]02[min]42[sec] N, 
078[deg]54[min]09[sec] W. All Geographic coordinates are North American 
Datum of 1983 (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) Effective time and date. This rule is in effect from 11 a.m. 
(local) on June 3, 2006 until 5 p.m. (local) on June 4, 2006. This rule 
will be enforced from 11 (local) a.m. until 5 p.m. (local) on June 3, 
2006 and from 12 p.m. (local) until 5 p.m. (local) on June 4, 2006.

    Dated: May 12, 2006.
S.J. Furguson,
Commander, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E6-8067 Filed 5-24-06; 8:45 am]
BILLING CODE 4910-15-P