[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Pages 40920-40922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11374]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-06-117]
RIN 1625-AA00


Safety Zone; Great Lakes Water Sport Expo, Buffalo Outer Harbor, 
Buffalo, 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 the Buffalo Outer Harbor during 
the Great Lakes Water Sport Expo on July 30, 2006. This safety zone is 
necessary to ensure the safety of participants and vessels from the 
hazards associated with an open water swim. This safety zone is 
intended to restrict vessel traffic from a portion of the Buffalo Outer 
Harbor, Buffalo, New York.

DATES: This rule will be effective from 8 a.m. (local) until 10 a.m. 
(local) on July 30, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket [CGD09-06-117] and are available for 
inspection or copying at: U.S. Coast Guard Sector Buffalo, 1 Fuhrmann 
Blvd., Buffalo, New York 14203, between 8 a.m. and 4 p.m., 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. 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), 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 participants 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 
participants and vessels from the hazards associated with an open water 
swim. Based on recent accidents that have occurred in other Captain of 
the Port zones, the Captain of the Port Buffalo has determined open 
water swims in close proximity to watercraft pose significant risks to 
public safety and property. The likely combination of large numbers of 
recreational vessels and congested waterways could easily result in 
serious injuries or fatalities. Establishing a safety zone to control 
vessel movement around the location of the open water swim will help 
ensure the safety of persons and property at these events and help 
minimize the associated risk.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of 
participants and vessels during the open water swim in conjunction with 
the Great Lakes Water Sport Expo. The open water swim will occur 
between 8 a.m. (local) and 10 a.m. (local) on July 30, 2006.
    The safety zone consists of all navigable waters of the Buffalo 
Outer Harbor, bound within 42[deg]50'39'' N, 078[deg]51'39'' W, 
extending southwest to 42[deg]50'31'' N, 078[deg]52'18'' W, then 
southeast to point 42[deg]50'22'' N, 078[deg]52'12'' W, extending 
northeast to point 42[deg]50'36'' N, 078[deg]51'32'' W then extending 
back to point of origin in Buffalo, NY. All geographic coordinates are 
North American Datum of 1983 (NAD 83). The size of this zone was 
determined using the size of the proposed swim course and local 
knowledge concerning wind, waves, and currents.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on-scene 
representative. The Captain of the Port of Buffalo, or his designated 
on-scene representative, has the authority to terminate the event. 
Entry into, transiting, or anchoring within the 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.

[[Page 40921]]

Regulatory Evaluation

    This proposed 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).
    We expect the economic impact of this proposed 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 an area 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 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 Buffalo Outer Harbor 
during the 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 a very limited duration from 8 a.m. 
(local) until 10 a.m. (local) on the day of the event. Vessel traffic 
can safely pass outside the safety zone during the event.

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.
    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 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 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

    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 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs 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 rule under Commandant Instruction M16475.1D, 
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

[[Page 40922]]

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 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.T09-117 is added to read as follows:


Sec.  165.T09-117  Safety Zone; Great Lakes Water Sport Expo, Buffalo 
Outer Harbor, Buffalo, NY.

    (a) Location. The following area is a temporary safety zone: all 
navigable waters of the Buffalo Outer Harbor, bound within 
42[deg]50'39'' N, 078[deg]51'39'' W, extending south-west to 
42[deg]50'31'' N, 078[deg]52'18'' W, then south-east to point 
42[deg]50'22'' N, 078[deg]52'12'' W, extending north-east to point 
42[deg]50'36'' N, 078[deg]51'32'' W then extending back to point of 
origin in Buffalo, NY. All geographic coordinates are North American 
Datum of 1983 (NAD 83).
    (b) Effective time and date. This section is effective from 8 a.m. 
(local) until 10 a.m. (local) on July 30, 2006.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, 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.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``designated 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 designated on-scene representative of the Captain of the Port will 
be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The 
Captain of the Port or his designated on-scene representative may be 
contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Buffalo or his designated 
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 designated on-scene representative.

    Dated: July 10, 2006.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo, Sector Buffalo.
[FR Doc. E6-11374 Filed 7-18-06; 8:45 am]
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