[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Rules and Regulations]
[Pages 33309-33312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13685]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0347]
RIN 1625-AA00


Safety Zone; Race on the Lake, Onondaga Lake, Syracuse, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Onondaga Lake, Syracuse, NY. This safety zone is intended to restrict 
vessels from a portion of Onondaga Lake during the Race on the Lake 
powerboat races. This temporary safety zone is necessary to protect 
participants, spectators, and vessels from the hazards associated with 
hydroplane and powerboat races.

DATES: This rule is effective between 8:30 a.m. and 6:30 p.m. on June 
15-17, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2012-0347 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0347 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email LT Christopher Mercurio, Chief of 
Waterway Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

A. Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because doing so would be impracticable and 
contrary to the public interest. The final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be both impracticable and contrary to the public

[[Page 33310]]

interest because it would inhibit the Coast Guard's ability to protect 
spectators and vessels from the hazards associated with a power boat 
race, which are discussed further below.
    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. For the same reasons discussed in 
the preceding paragraph, waiting for 30 day notice period run would 
also be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    The purpose of the rule is to protect the public and vessels from 
the hazards associated with power boat races. Between 9:00 a.m. and 
6:00 p.m. on June 15-17, 2012 a series of hydroplane and powerboat 
races will take place on Onondaga Lake near Syracuse, NY. The Captain 
of the Port Buffalo has determined that hydroplane and powerboat races 
create a significant risk of collisions between participants and the 
boating public.

C. Discussion of the Final Rule

    With the aforementioned risks in mind, the Captain of the Port 
Buffalo has determined that this temporary safety zone is necessary to 
ensure the safety of participants and the boating public during the 
Race on the Lake.
    The safety zone will be effective and enforced from 8:30 a.m. until 
6:30 p.m. on June 15-17, 2012.
    The safety zone will encompass all waters of Onondaga Lake, 
Syracuse, NY starting from position 43[deg]6'49.63'' N and 
76[deg]14'8.82'' W then South East to 43[deg]6'9.79'' N and 
76[deg]13'5.07'' W then West to 43[deg]5'57.22'' N and 
76[deg]13'33.64'' W then North to 43[deg]6'44.01'' N and 
76[deg]14'28.24'' W then returning to the point of origin to form a 
square (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the designated on scene patrol 
personnel. 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.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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). We conclude that this rule is not a significant 
regulatory action because we anticipate that it will have minimal 
impact on the economy, will not interfere with other agencies, will not 
adversely alter the budget of any grant or loan recipients, and will 
not raise any novel legal or policy issues. The safety zone created by 
this rule will be relatively small and enforced for relatively short 
time. Also, the safety zone is designed to minimize its impact on 
navigable waters. Furthermore, the safety zone has been designed to 
allow vessels to transit around it. Thus, restrictions on vessel 
movement within that particular area are expected to be minimal. Under 
certain conditions, moreover, vessels may still transit through the 
safety zone when permitted by the Captain of the Port.

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 temporary final 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 Onondaga Lake, Syracuse, 
NY between 8:30 a.m. and 6:30 p.m. on June 15-17, 2012.
    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 approximately ten hours each day in an area 
with low commercial vessel traffic. Also, 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. Additionally, the Coast Guard will give advanced notice to 
the public via a local Broadcast Notice to Mariners that the regulation 
is in effect. Moreover, the COTP will suspend enforcement of the safety 
zone if the event for which the zone is established ends earlier than 
the expected time.
    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 offer 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.
    If this rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact LT Christopher 
Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector 
Buffalo; email [email protected]; telephone 716-843-
9343. 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).

[[Page 33311]]

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.

Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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 (adjusted for 
inflation) 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 will 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 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 rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule is categorically excluded, under figure 2-1, paragraph (34) (g), 
of the Instruction. Because it involves the establishment of a safety 
zone, a final environmental analysis checklist and a preliminary 
categorical exclusion determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    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. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
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. Add Sec.  165.T09-0347 to read as follows:


Sec.  165.T09-0347  Safety Zone; Race on the Lake, Onondaga Lake, 
Syracuse, NY.

    (a) Location. The safety zone will encompass all waters of Onondaga 
Lake, Syracuse, NY starting from position 43[deg]6'49.63'' N and 
76[deg]14'8.82'' W then South East to 43[deg]6'9.79'' N and 
76[deg]13'5.07'' W then West to 43[deg]5'57.22'' N and 76[deg] 
13'33.64'' W then North to 43[deg]6'44.01'' N and 76[deg]14'28.24'' W 
then returning to the point of origin to form a square. (NAD 83)
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced from 8:30 a.m. to 6:30 p.m. on June 15-17, 2012.
    (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 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 ``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 Buffalo 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 his on-scene 
representative to obtain permission to do so. The Captain of the

[[Page 33312]]

Port Buffalo or his on-scene representative may be contacted via VHF 
Channel 16. Vessel operators given permission to enter or operate in 
the safety zone must comply with all directions given to them by the 
Captain of the Port Buffalo, or his on-scene representative.

    Dated: May 16, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-13685 Filed 6-5-12; 8:45 am]
BILLING CODE 9110-04-P