[Federal Register Volume 72, Number 133 (Thursday, July 12, 2007)]
[Rules and Regulations]
[Pages 38010-38012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13501]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD09-07-062]
RIN 1625-AA00


Safety Zone; USA Wakeboard Nationals, Onondaga Lake, Liverpool, 
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 Onondaga Lake, Liverpool, NY. This 
safety zone is necessary to ensure the safety of spectators and vessels 
from the hazards associated with a Power Boat Race. This safety zone 
restricts vessel traffic from a portion of Onondaga Lake, Liverpool, 
NY.

DATES: This rule is in effect from 8 a.m. July 11, 2007 to 5:30 p.m. 
July 15, 2007.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of the docket CGD09-07-062, and are available for 
inspection

[[Page 38011]]

or copying at U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Blvd., 
Buffalo, New York 14203 between 8 a.m. and 3:30 p.m., Monday through 
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: LT Tracy Wirth, U.S. Coast Guard 
Sector Buffalo; (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 
or 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

    This temporary safety zone is necessary to ensure the safety of 
vessels and spectators from the hazards associated with Power Boat 
Races. Based on recent accidents that have occurred in other Captain of 
the Port zones, the Captain of the Port Buffalo has determined Power 
Boat Races pose significant risks to public safety and property. 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 
Onondaga Lake, Liverpool, NY starting at position 43[deg]05'00'' N, 
076[deg]11'15'' W, South East to 43[deg]04'15'' N, 076[deg]12'12'' W, 
South to 43[deg]03'42'' N, 076[deg]11'16'' W, West to 43[deg]04'22'' N, 
076[deg]10'36'' W [Datum: NAD 83]; one and a half miles from Marina 
Basin. The size of this 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 shall comply with the instructions of the 
Coast Guard Captain of the Port 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 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.
    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 economic 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 vessels intending to transit 
or anchor in a portion of the Onondaga Lake, Liverpool, NY between 8 
a.m. and 5:30 p.m. on July 11-15, 2007.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
rule will be in effect for nine and a half hours for five days. Vessel 
traffic can safely pass outside the safety zone during the event. In 
the event that this temporary safety zone affects shipping, commercial 
vessels may request permission from the Captain of the Port Buffalo to 
transit through the safety zone. The Coast Guard will give notice to 
the public via a Broadcast to Mariners that the regulation is in 
effect.

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 on them 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 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). The Coast Guard 
will not retaliate against small entities that question or complain 
about this rule or any policy or action of the Coast Guard.

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 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

[[Page 38012]]

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

    The Coast Guard recognizes the treaty rights of Native American 
Tribes. Moreover, the Coast Guard is committed to working with Tribal 
Governments to implement local policies and to mitigate tribal 
concerns. We have determined that this safety zone and fishing rights 
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian tribes 
that have questions concerning the provisions of this rule or options 
for compliance are encouraged to contact the point of contact listed 
under FOR FURTHER INFORMATION CONTACT.

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 procedures; 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.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 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, 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.T09-062 is added to read as follows


Sec.  165.T09-062  Safety Zone; USA Wakeboard Nationals, Onondaga Lake, 
Liverpool, NY.

    (a) Location. The following area is a temporary safety zone: all 
waters of the Onondaga Lake, Liverpool, NY 43[deg]05'00'' N, 
076[deg]11'15'' W, South East to 43[deg]04'15'' N, 076[deg]12'12'' W, 
South to 43[deg]03'42'' N, 076[deg]11'16'' W, West to 43[deg]04'22'' N, 
076[deg]10'36'' W [DATUM: NAD 83]; one and a half miles from Marina 
Basin.
    (b) Enforcement period. This rule will be enforced from 8 a.m. to 
5:30 p.m. July 11-15, 2007.
    (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 the 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 on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Buffalo or the on-scene 
representative to obtain permission to do so. The Captain of the Port 
or his on-scene representative may be contacted via VHF Channel 16.
    (5) Vessel operators given permission to enter or operate in the 
safety zone must comply with all direction given to them by the Captain 
of the Port Buffalo or his on-scene representative.

    Dated: June 28, 2007.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
 [FR Doc. E7-13501 Filed 7-11-07; 8:45 am]
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