[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Rules and Regulations]
[Pages 36202-36204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10046]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-060]
RIN 1625-AA00


Safety Zone; Mentor Power Boat Race, Lake Erie, Mentor, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for the Mentor 
Power Boat Race located in the Captain of the Port Buffalo Zone. This 
safety zone is necessary to provide for the safety of life on navigable 
waters during this event. This action is intended to restrict vessel 
traffic within the immediate vicinity of the event in a portion of Lake 
Erie.

DATES: This rule is effective from 12 noon (local) through 4 p.m. 
(local) on July 9, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [CGD09-06-060] and are available for 
inspection or copying at the U.S. Coast Guard Marine Safety Unit 
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 Nicole Starr, U.S. Coast Guard 
Marine Safety Unit 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 timing of this event does 
not allow sufficient time 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 
work crews, vessels and the general public 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 with regard to this process.

Background and Purpose

    This safety zone is necessary and intended to manage vessel traffic 
in order to provide for the safety of life and property on navigated 
waters of Lake Erie. The Captain of the Port has determined that this 
evolution poses a threat to vessel operators due to the navigational 
risks associated with this type of event.

Discussion of Rule

    The following area is a safety zone: All waters of the south shore 
of Lake Erie within a box drawn from 41[deg]43.70' N 081[deg]21.20' W 
to 41[deg]44.45' N 081[deg]22.00' W to 41[deg]46.40' N 081[deg]18.15' W 
to 41[deg]45.40' N 081[deg]17.50' W thence following the shore line to 
origin. These coordinates are based upon North American Datum 1983 
(NAD).
    Entry into, transit through or anchoring within this safety zone is 
prohibited unless authorized by the Captain of the Port Buffalo or his 
designated on-scene representative. The Coast Guard may be contacted 
via VHF Channel 16 during this event.

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).

[[Page 36203]]

    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 the limited time that the safety 
zone will be in effect, and that 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 and restricts only a 
limited area of navigable water of Lake Erie. Before the activation of 
the safety zone, the Coast Guard will issue maritime advisories 
available to users who may be impacted through 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 offered 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.)
    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).

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 
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 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This rule would 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

    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 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

    The Coast Guard has 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.

[[Page 36204]]

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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 
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, this rule is 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 final ``Environmental Analysis Check List'' and a final 
``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, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard temporarily 
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.T09-060 is added read as follows:


Sec.  165.T09-060  Safety Zone; Lake Erie, Mentor, Ohio, Mentor Power 
Boat Race.

    (a) Location. The following area is a safety zone: All waters of 
the south shore of Lake Erie within a box drawn from 41[deg]43.70' N 
081[deg]21.20' W to 41[deg]44.45' N 081[deg]22.00' W to 41[deg]46.40' N 
081[deg]18.15' W to 41[deg]45.40' N 081[deg]17.50' W thence following 
the shore line to origin. These coordinates are based upon North 
American Datum 1983 (NAD 83).
    (b) Definitions. The following definitions apply to this section: 
Designated on-scene representative means Coast Guard Patrol Commanders 
including Coast Guard coxswains, petty officers, and other officers 
operating Coast Guard vessels, and Federal, State, and local officers 
designated by or assisting the Captain of the Port (COTP), Buffalo, New 
York, in the enforcement of regulated navigation areas and safety and 
security zones.
    (c) Effective Period. This rule is effective from 12 noon (local) 
through 4 p.m. (local) on July 9th, 2006.
    (d) Regulations. Entry into, transit through or anchoring within 
this safety zone is prohibited unless authorized by the Captain of the 
Port Buffalo or his designated on-scene representative. The Coast Guard 
may be contacted via VHF Channel 16 during this event.

    Dated: June 15, 2006.
S.J. Furguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E6-10046 Filed 6-23-06; 8:45 am]
BILLING CODE 4910-15-P