Safety Zone; Thunder on Niagara, Niagara River, North Tonawanda, NY, 24901-24904 [E8-10005]
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Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules
Though this proposed rule will not
result in such expenditure, we do
discuss the effects of this proposed rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule will not effect the
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 proposed 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 proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and does
not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
jlentini on PROD1PC65 with PROPOSALS
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 these special local regulations and
fishing rights protection need not be
incompatible. We have also determined
that this Proposed 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 Proposed 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 proposed 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
VerDate Aug<31>2005
16:38 May 05, 2008
Jkt 214001
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 proposed 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 made a preliminary determination
that this action is not likely to have a
significant impact on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’ is
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 the
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
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24901
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.
2. Add § 165.T09–005 to read as
follows:
§ 165.T09–005 Safety Zone; Rochester
Harborfest, Lake Ontario at the Genesee
River, Rochester, NY.
(a) Location. The following area is a
temporary safety zone: All waters of
Lake Ontario at Genesee River,
Rochester, NY within a five hundred
foot radius of position 43°15′21″ N,
077°36′19″ W. [DATUM: NAD 83].
Located on the Ontario Beach West pier.
(b) Effective Period. This regulation is
effective from 9:30 p.m. to 10 p.m. on
June 21, 2008.
(c) Regulations. (1) The general
regulations contained in 33 CFR 165.23
apply.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or the
designated on scene patrol personnel.
Coast Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard. Upon
being hailed by a U.S. Coast Guard
vessel via siren, radio, flashing light, or
other means, the operator shall proceed
as directed.
(3) Commercial vessels may request
permission from the Captain of the Port
Buffalo to transit the safety zone.
Approval will be made on a case-bycase basis. Requests must be made in
advance and approved by the Captain of
the Port before transits will be
authorized. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Buffalo on Channel 16, VHF–FM.
Dated: April 14, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. E8–10001 Filed 5–5–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0328]
RIN 1625–AA11
Safety Zone; Thunder on Niagara,
Niagara River, North Tonawanda, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
E:\FR\FM\06MYP1.SGM
06MYP1
24902
Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules
SUMMARY: The Coast Guard proposes
establishment of a safety zone for a
powerboat race in the Captain of the
Port Buffalo zone. This proposed rule is
intended to restrict vessels from areas of
water during events that pose a hazard
to public safety. The safety zone
established by this proposed rule is
necessary to protect spectators,
participants, and vessels from the
hazards associated with a powerboat
race.
DATES: Comments and related materials
must reach the Coast Guard on or before
May 21, 2008.
ADDRESSES: You may mail comments
and related material to Commander,
U.S. Coast Guard Sector Buffalo, 1
Fuhrmann Boulevard, Buffalo, NY
14203. Sector Buffalo Prevention
Department maintains the public docket
for this rulemaking. Comments and
material received from the public, as
well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at U.S. Coast Guard Sector
Buffalo between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have further questions on this rule,
contact Lieutenant Tracy Wirth, U.S.
Coast Guard Sector Buffalo, at (716)
843–9573.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with PROPOSALS
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking [USCG–2008–0328],
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to Commander,
Coast Guard Sector Buffalo at the
address under ADDRESSES explaining
why one would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
VerDate Aug<31>2005
16:38 May 05, 2008
Jkt 214001
and place announced by a later notice
in the Federal Register.
Background and Purpose
Temporary safety zones are 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. The likely
combination of large numbers of
recreational vessels, congested
waterways, and alcohol use, could
easily result in serious injuries or
fatalities.
Discussion of Proposed Rule
The proposed rule and associated
safety zones are necessary to ensure the
safety of vessels and people during
events in the Captain of the Port Buffalo
area of responsibility that may pose a
hazard to the public. The proposed
safety zone is described in subparagraph
(1) of this regulation. The proposed
safety zone will be enforced only
immediately before and during the
event which poses hazard to the public
and only upon notice by the Captain of
the Port. The Captain of the Port Buffalo
will cause notice of enforcement of the
safety zone established by this section to
be made by all appropriate means to the
affected segments of the public
including publication in the Federal
Register in accordance with 33 CFR
165.7(a). Such means of notification
may also include, but are not limited to,
Broadcast Notice to Mariners or Local
Notice to Mariners. The Captain of the
Port will issue a Broadcast Notice to
Mariners notifying the public when
enforcement of the safety zone
established by this section is suspended.
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.
We expect the economic impact of
this proposed rule to be so minimal that
a full Regulatory Evaluation is
unnecessary.
The Coast Guard’s use of this safety
zone will be periodic in nature, of short
duration, and designed to minimize the
impact on navigable waters. This safety
zone will only be enforced immediately
before and during the time the event
occurs. Furthermore, this safety zone
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has been designed to allow vessels to
transit unrestricted to portions of the
waterway not affected by the safety
zone. The Coast Guard expects
insignificant adverse impact to mariners
from the activation of this safety zone.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would 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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
This proposed rule would affect the
following entities, some of which might
be small entities: The owners or
operators of vessels intending to transit
or anchor in the area designated as the
safety zone in subparagraph (1) during
the date and time the safety zone is
being enforced. This safety zone would
not have a significant economic impact
on a substantial number of small entities
for the following reasons. The safety
zone in this proposed rule would be in
effect for short periods of time and only
once per year. The safety zone has been
designed to allow traffic to pass safely
around the zone whenever possible and
vessels will be allowed to pass through
the zone with the permission of the
Captain of the Port.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed 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 want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If the proposed rule would affect your
small business, organization, or
governmental jurisdiction and you have
questions concerning its provisions or
options for compliance, please contact
LT Tracy Wirth, Prevention Department,
Coast Guard Sector Buffalo, Buffalo, NY
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Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules
at (716) 843–9573. 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 proposed 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 will not
result in such expenditure, we do
discuss the effects of this proposed rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule will not effect the
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 proposed 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.
jlentini on PROD1PC65 with PROPOSALS
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and does
not create 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.
VerDate Aug<31>2005
16:38 May 05, 2008
Jkt 214001
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that these special local regulations and
fishing rights protection need not be
incompatible. We have also determined
that this Proposed 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 Proposed 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 proposed 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
PO 00000
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Fmt 4702
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24903
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 made a preliminary determination
that this action is not likely to leave a
significant impact on the human
environment. A preliminary
‘‘Environmental Analysis Check List’’ is
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
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T09–002 to read as
follows:
§ 165.T09–002 Safety Zone; Thunder on
Niagara, Niagara River, North Tonawanda,
NY.
(a) Location. The following area is a
temporary safety zone: all waters of the
Upper Niagara River, North Tonawanda,
NY within two miles of the Grand
Island Bridge located at 42°03′36″ N,
078°54′45″ W to 43°03′09″ N, 078°55′21″
W to 43°03′00″ N, 078°53′42″ W to
43°02′42″ N, 078°54′09″ W. All
Geographic coordinates are North
American Datum of 1983 (NAD 83).
(b) Effective Period. This regulation is
effective from 11 a.m. May 31, 2008 to
6 p.m. June 1, 2008. This zone will be
enforced from 11 a.m. to 6 p.m. on May
31, 2008 and June 1, 2008.
(c) Regulations.
(1) The general regulations contained
in 33 CFR 165.23 apply.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port or the
designated on scene patrol personnel.
Coast Guard patrol personnel include
commissioned, warrant, and petty
officers of the U.S. Coast Guard. Upon
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Federal Register / Vol. 73, No. 88 / Tuesday, May 6, 2008 / Proposed Rules
being hailed by a U.S. Coast Guard
vessel via siren, radio, flashing light, or
other means, the operator shall proceed
as directed.
(3) Commercial vessels may request
permission from the Captain of the Port
Buffalo to transit the safety zone.
Approval will be made on a case-bycase basis. Requests must be made in
advance and approved by the Captain of
the Port before transits will be
authorized. The Captain of the Port may
be contacted via U.S. Coast Guard
Sector Buffalo on Channel 16, VHF–FM.
Dated: April 14, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. E8–10005 Filed 5–5–08; 8:45 am]
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change, to https://
www.regulations.gov and will include
any personal information you have
provided. We have an agreement with
the Department of Transportation (DOT)
to use the Docket Management Facility.
Please see DOT’s ‘‘Privacy Act’’
paragraph below.
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0092]
RIN 1625–AA00
Safety Zone; Ybor Summer Weekly
Fireworks—Ybor Turning Basin,
Tampa Bay, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
jlentini on PROD1PC65 with PROPOSALS
ACTION:
SUMMARY: The Coast Guard proposes to
establish a temporary safety zone on the
waters of Ybor Turning Basin, Tampa
Bay, Florida. This rule is necessary to
protect participants and spectators from
the hazards associated with launching
fireworks over the navigable waters of
the United States. No person or vessel
may anchor, moor, or transit the
Regulated Area without permission of
the Captain of the Port St. Petersburg,
Florida.
DATES: Comments and related material
must reach the Coast Guard on or before
June 5, 2008
ADDRESSES: You may submit comments
identified by Coast Guard docket
number USCG–2008–0092 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Online: https://
www.regulations.gov.
(2) Mail: 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–
0001.
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16:38 May 05, 2008
Jkt 214001
(3) Hand delivery: Room W12–140 on
the Ground Floor of the West Building,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
(4) Fax: 202–493–2251.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call BM1 Charles Voss at Coast
Guard Sector St. Petersburg, (813) 228–
2191 Ext 8307. 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:
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2008–0092),
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. We recommend that you
include your name and a mailing
address, an e-mail address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission.
You may submit your comments and
material by electronic means, mail, fax,
or delivery to the Docket Management
Facility at the address under ADDRESSES;
but please submit your comments and
material by only one means. If you
submit them by mail or delivery, submit
them in an unbound format, no larger
than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period. We may
change this proposed rule in view of
them.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
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as being available in the docket, go to
https://www.regulations.gov at any time.
Enter the docket number for this
rulemaking (USCG–2008–0092) in the
Search box, and click ‘‘Go >>.’’ You may
also visit either the Docket Management
Facility in Room W12–140 on the
ground floor of the DOT West Building,
1200 New Jersey Avenue, SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays; or the Coast
Guard Sector St. Petersburg, Prevention
Department, 155 Columbia Drive,
Tampa, Florida 33606–3598 between
7:30 a.m. and 3:30 p.m., Monday
through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Department of Transportation’s Privacy
Act Statement in the Federal Register
published on April 11, 2000 (65 FR
19477), or you may visit https://
DocketsInfo.dot.gov.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one to the Docket Management
Facility at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
Background and Purpose
Downtown Tampa Attractions
Association is sponsoring weekly
summer fireworks displays at
Channelside in Tampa, FL. The
Fireworks display will be launched
from a barge located within the Ybor
Turning Basin beginning on the Sunday
prior to Memorial Day, every Friday
from June 6th until the last Friday of
August, and concluding on the Sunday
prior to Labor Day. The fireworks event
is scheduled to commence at 9 p.m.
local and will last approximately fifteen
minutes. This proposed rule is needed
to protect participant and spectator craft
in the vicinity of the fireworks
presentation from the hazards
associated with the launching of
fireworks. This safety zone is being
established to ensure safety of life
during the fireworks display.
Discussion of Proposed Rule
The proposed safety zone will
encompass the following: All waters
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]]>Agencies
[Federal Register Volume 73, Number 88 (Tuesday, May 6, 2008)]
[Proposed Rules]
[Pages 24901-24904]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10005]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0328]
RIN 1625-AA11
Safety Zone; Thunder on Niagara, Niagara River, North Tonawanda,
NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
[[Page 24902]]
SUMMARY: The Coast Guard proposes establishment of a safety zone for a
powerboat race in the Captain of the Port Buffalo zone. This proposed
rule is intended to restrict vessels from areas of water during events
that pose a hazard to public safety. The safety zone established by
this proposed rule is necessary to protect spectators, participants,
and vessels from the hazards associated with a powerboat race.
DATES: Comments and related materials must reach the Coast Guard on or
before May 21, 2008.
ADDRESSES: You may mail comments and related material to Commander,
U.S. Coast Guard Sector Buffalo, 1 Fuhrmann Boulevard, Buffalo, NY
14203. Sector Buffalo Prevention Department maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at U.S. Coast Guard Sector Buffalo between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have further questions on this
rule, contact Lieutenant Tracy Wirth, U.S. Coast Guard Sector Buffalo,
at (716) 843-9573.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking [USCG-2008-
0328], indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Coast Guard Sector
Buffalo at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
Temporary safety zones are 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.
The likely combination of large numbers of recreational vessels,
congested waterways, and alcohol use, could easily result in serious
injuries or fatalities.
Discussion of Proposed Rule
The proposed rule and associated safety zones are necessary to
ensure the safety of vessels and people during events in the Captain of
the Port Buffalo area of responsibility that may pose a hazard to the
public. The proposed safety zone is described in subparagraph (1) of
this regulation. The proposed safety zone will be enforced only
immediately before and during the event which poses hazard to the
public and only upon notice by the Captain of the Port. The Captain of
the Port Buffalo will cause notice of enforcement of the safety zone
established by this section to be made by all appropriate means to the
affected segments of the public including publication in the Federal
Register in accordance with 33 CFR 165.7(a). Such means of notification
may also include, but are not limited to, Broadcast Notice to Mariners
or Local Notice to Mariners. The Captain of the Port will issue a
Broadcast Notice to Mariners notifying the public when enforcement of
the safety zone established by this section is suspended.
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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
The Coast Guard's use of this safety zone will be periodic in
nature, of short duration, and designed to minimize the impact on
navigable waters. This safety zone will only be enforced immediately
before and during the time the event occurs. Furthermore, this safety
zone has been designed to allow vessels to transit unrestricted to
portions of the waterway not affected by the safety zone. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of this safety zone.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in the area designated as the safety
zone in subparagraph (1) during the date and time the safety zone is
being enforced. This safety zone would not have a significant economic
impact on a substantial number of small entities for the following
reasons. The safety zone in this proposed rule would be in effect for
short periods of time and only once per year. The safety zone has been
designed to allow traffic to pass safely around the zone whenever
possible and vessels will be allowed to pass through the zone with the
permission of the Captain of the Port.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Tracy Wirth,
Prevention Department, Coast Guard Sector Buffalo, Buffalo, NY
[[Page 24903]]
at (716) 843-9573. 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 proposed 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 will not result in such
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule will not effect the 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 proposed 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 proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
does not create 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 these special local regulations and
fishing rights protection need not be incompatible. We have also
determined that this Proposed 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 Proposed 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 proposed 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 proposed 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 made a preliminary determination that this action is not likely to
leave a significant impact on the human environment. A preliminary
``Environmental Analysis Check List'' is 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
proposed rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
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.
2. Add Sec. 165.T09-002 to read as follows:
Sec. 165.T09-002 Safety Zone; Thunder on Niagara, Niagara River,
North Tonawanda, NY.
(a) Location. The following area is a temporary safety zone: all
waters of the Upper Niagara River, North Tonawanda, NY within two miles
of the Grand Island Bridge 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).
(b) Effective Period. This regulation is effective from 11 a.m. May
31, 2008 to 6 p.m. June 1, 2008. This zone will be enforced from 11
a.m. to 6 p.m. on May 31, 2008 and June 1, 2008.
(c) Regulations.
(1) The general regulations contained in 33 CFR 165.23 apply.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or the designated on scene patrol
personnel. Coast Guard patrol personnel include commissioned, warrant,
and petty officers of the U.S. Coast Guard. Upon
[[Page 24904]]
being hailed by a U.S. Coast Guard vessel via siren, radio, flashing
light, or other means, the operator shall proceed as directed.
(3) Commercial vessels may request permission from the Captain of
the Port Buffalo to transit the safety zone. Approval will be made on a
case-by-case basis. Requests must be made in advance and approved by
the Captain of the Port before transits will be authorized. The Captain
of the Port may be contacted via U.S. Coast Guard Sector Buffalo on
Channel 16, VHF-FM.
Dated: April 14, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-10005 Filed 5-5-08; 8:45 am]
BILLING CODE 4910-15-P
