Safety Zone; Erie Summer Festival of the Arts, Presque Isle Bay, Erie, PA, 36429-36431 [E8-14615]
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Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
hailed by a U.S. Coast Guard vessel by
siren, radio, flashing light, or other
means, the person or vessel shall
proceed as directed. If permission is
granted, all persons or vessels must
comply with the instructions of the
Captain of the Port, Baltimore,
Maryland, and proceed at the minimum
speed necessary to maintain a safe
course while within the zone.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the zone by Federal,
State and local agencies.
(e) Effective periods. This section will
be effective from 5 p.m. on August 8,
2008 and through 11 a.m. on August 10,
2008.
Boulevard, Buffalo, NY 14203 between
9:30 a.m. and 2 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call Commander Joseph Boudrow,
Prevention Division, U.S. Coast Guard
Sector Buffalo, at 716–843–9572. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
33 CFR Part 165
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 fewer than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to the public interest of
ensuring the safety of spectators and
vessels during this event and immediate
action is necessary to prevent possible
loss of life or property.
[Docket No. USCG–2008–0490]
Background and Purpose
RIN 1625–AA00
This temporary safety zone is
necessary to ensure the safety of vessels
and spectators from hazards associated
with a fireworks display. Based on
accidents that have occurred in other
Captain of the Port zones, and the
explosive hazards of fireworks, the
Captain of the Port Buffalo has
determined that fireworks launches
proximate to watercraft pose a
significant risk to public safety and
property. The likely combination of
large numbers of recreation vessels,
congested waterways, darkness
punctuated by bright flashes of light,
alcohol use, and debris falling into the
water could easily result in serious
injuries or fatalities. Establishing a
safety zone to control vessel movement
around the location of the launch
platform will help ensure the safety of
persons and property at these events
and help minimize the associated risks.
Dated: June 12, 2008.
Brian D. Kelley,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. E8–14601 Filed 6–26–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Safety Zone; Erie Summer Festival of
the Arts, Presque Isle Bay, Erie, PA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
Lake Erie, Presque Isle Bay, Erie, PA.
This zone is intended to restrict vessels
from a portion of Presque Isle Bay
during the June 28, 2008, Erie Summer
Festival of the Arts fireworks event.
This temporary safety zone is necessary
to protect spectators and vessels from
the hazards associated with fireworks
displays.
This rule is effective from 10
p.m. to 11 p.m. on June 28, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0490 and are available for inspection or
copying at two locations: 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, and the U.S.
Coast Guard Sector Buffalo, 1 Fuhrmann
jlentini on PROD1PC65 with RULES
DATES:
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
Discussion of Rule
A temporary safety zone is necessary
to ensure the safety of spectators and
vessels during the setup, loading and
launching of a fireworks display in
conjunction with the Erie Summer
festival of the Arts fireworks display.
The fireworks display will occur
between 10 p.m. and 11 p.m. on June
28, 2008.
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36429
The safety zone for the fireworks will
encompass all waters of Lake Erie,
Presque Isle Bay, Erie, PA, within a 420
ft radius of position 42°07′45″ N,
080°06′20″ W.
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the on-scene
representative. Entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his onscene representative. The Captain of the
Port or his 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 it under that
Order.
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 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 will affect the following
entities, some of which may be small
entities: The owners and operators of
vessels intending to transit or anchor in
a portion of Lake Erie, Presque Isle Bay,
Erie, PA, between 10 p.m. and 11 p.m.
on June 28, 2008.
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 only one hour for one event.
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
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36430
Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
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 the rule so that they
could 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 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.
jlentini on PROD1PC65 with RULES
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 effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
VerDate Aug<31>2005
18:06 Jun 26, 2008
Jkt 214001
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
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 these regulations 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
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Fmt 4700
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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.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 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 record keeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
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.
I 2. A new temporary § 165.T09–0490 is
added as follows:
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Federal Register / Vol. 73, No. 125 / Friday, June 27, 2008 / Rules and Regulations
§ 165.T09–0490 Safety zone; Erie Summer
Festival of the Arts, Lake Erie, Presque Isle
Bay, Erie, PA.
(a) Location. The following area is a
temporary safety zone: all waters of
Lake Erie, Presque Isle Bay, Erie, PA,
within a 420 ft radius of position
(42°07′45″ N, 080°06′20″ W). (DATUM:
NAD 83).
(b) Effective period. This regulation is
effective from 10 p.m. to 11 p.m. on
June 28, 2008.
(c) Regulations.
(1) In accordance with the general
regulations in § 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 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 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 on-scene representative of the
Captain of the Port will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel.
(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
Port 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: June 13, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. E8–14615 Filed 6–26–08; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2008–0569]
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RIN 1625–AA87
Security Zone; Waters Adjacent 10th
Avenue Marine Terminal, San Diego,
CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
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18:06 Jun 26, 2008
Jkt 214001
SUMMARY: The Coast Guard is
establishing a temporary security zone
in the waters adjacent to the 10th
Avenue Marine Terminal, San Diego
Bay, San Diego, CA. This action is
needed to protect the U.S. Naval vessels,
their crews and the public during a
military out load evolution from
sabotage or other subversive acts,
accidents, criminal actions or other
causes of a similar nature. Entry, transit
or anchoring in this zone is prohibited
unless authorized by the Captain of the
Port San Diego, or his designated
representative.
DATES: This rule is effective from 7 a.m.
on June 25, 2008, to 7 p.m. on June 28,
2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of Docket No. 2008–0569
and are available for inspection or
copying at Coast Guard Sector San
Diego, 2710 N. Harbor Drive, San Diego,
CA 92101–1064 between 8 a.m. and 3
p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Chief Petty Officer Eric Carroll,
Waterways Management, Coast Guard
Sector San Diego, at telephone (619)
278–7268.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Based on the military
function exception set forth in the
Administrative Procedure Act, 5 U.S.C.
553(a)(1), notice-and-comment
rulemaking and advance publication,
pursuant to 5 U.S.C. 553(b) and (d), are
not required for this regulation. In
addition, even if an NPRM were
otherwise required, under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing an
NPRM. Under 5 U.S.C. 553(d)(3), the
Coast Guard also finds that good cause
exists for making this regulation
effective less than 30 days after
publication in the Federal Register. It
would be contrary to public interest to
delay the effective date of this
temporary rule.
Background and Purpose
The U.S. Military Surface Deployment
and Distribution Command notified the
Coast Guard concerning military out
load operations at the Port of San
Diego’s Tenth Avenue Marine Terminal
for the dates given. This temporary
security zone is needed to protect the
U.S. Naval vessels and their crews for
the duration of the evolution of military
out load operations.
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36431
Discussion of Rule
The security zone generally consists
of the navigable waters surrounding the
10th Avenue Marine Terminal. The
limits of this security zone are more
specifically defined as the area enclosed
by the following points: starting on
shore at 32°42′15″ N 117°09′39″ W, then
extending southwesterly to 32°42′02″ N
117°09′51″ W, then southeasterly to
32°41′43″ N 117°09′25″ W, northeasterly
to shore at 32°41′47″ N 117°09′20″ W
and then along the shoreline to starting
point.
The security zone will be enforced by
Coast Guard patrol craft and San Diego
Harbor Police as authorized by the
Captain of the Port San Diego (COTP).
See 33 CFR 6.04–11, Assistance of other
agencies. Persons and vessels are
prohibited from entering into or
transiting through this security zone
unless authorized by the Captain of the
Port, or his designated representative.
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 it under that
Order.
Due to National Security interests, the
implementation of this security zone is
necessary for the protection of the
United States and its people. The size of
the zone is the minimum necessary to
provide adequate protection for the U.S.
Naval vessels, their crews, adjoining
areas and the public. Most of the entities
likely to be affected are pleasure craft
engaged in recreational activities and
sightseeing. Any hardships experienced
by persons or vessels are considered
minimal compared to the national
interest in protecting U.S. Naval vessels,
their crews and the public.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule will not have
a significant economic impact on a
substantial number of small entities.
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Agencies
[Federal Register Volume 73, Number 125 (Friday, June 27, 2008)]
[Rules and Regulations]
[Pages 36429-36431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14615]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2008-0490]
RIN 1625-AA00
Safety Zone; Erie Summer Festival of the Arts, Presque Isle Bay,
Erie, PA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Presque Isle Bay, Erie, PA. This zone is intended to
restrict vessels from a portion of Presque Isle Bay during the June 28,
2008, Erie Summer Festival of the Arts fireworks event. This temporary
safety zone is necessary to protect spectators and vessels from the
hazards associated with fireworks displays.
DATES: This rule is effective from 10 p.m. to 11 p.m. on June 28, 2008.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0490 and are available for
inspection or copying at two locations: 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, and the U.S. Coast Guard Sector Buffalo, 1 Fuhrmann
Boulevard, Buffalo, NY 14203 between 9:30 a.m. and 2 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Commander Joseph Boudrow, Prevention Division,
U.S. Coast Guard Sector Buffalo, at 716-843-9572. If you have questions
on viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-366-9826.
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 fewer than 30 days after publication in the Federal
Register. Delaying this rule would be contrary to the public interest
of 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 hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones, and the explosive hazards of fireworks, the Captain of the
Port Buffalo has determined that fireworks launches proximate to
watercraft pose a significant risk to public safety and property. The
likely combination of large numbers of recreation vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch platform will help ensure
the safety of persons and property at these events and help minimize
the associated risks.
Discussion of Rule
A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading and launching of a
fireworks display in conjunction with the Erie Summer festival of the
Arts fireworks display. The fireworks display will occur between 10
p.m. and 11 p.m. on June 28, 2008.
The safety zone for the fireworks will encompass all waters of Lake
Erie, Presque Isle Bay, Erie, PA, within a 420 ft radius of position
42[deg]07'45'' N, 080[deg]06'20'' W.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Buffalo or his on-scene
representative. The Captain of the Port or his 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 it under that Order.
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 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 will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of Lake Erie, Presque Isle Bay, Erie,
PA, between 10 p.m. and 11 p.m. on June 28, 2008.
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 only one hour for one event. 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
[[Page 36430]]
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 the rule so that they could 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 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 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 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 these regulations 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 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.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
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 record
keeping requirements, Security measures, and 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.T09-0490 is added as follows:
[[Page 36431]]
Sec. 165.T09-0490 Safety zone; Erie Summer Festival of the Arts, Lake
Erie, Presque Isle Bay, Erie, PA.
(a) Location. The following area is a temporary safety zone: all
waters of Lake Erie, Presque Isle Bay, Erie, PA, within a 420 ft radius
of position (42[deg]07'45'' N, 080[deg]06'20'' W). (DATUM: NAD 83).
(b) Effective period. This regulation is effective from 10 p.m. to
11 p.m. on June 28, 2008.
(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 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 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 on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
(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 Port
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: June 13, 2008.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E8-14615 Filed 6-26-08; 8:45 am]
BILLING CODE 4910-15-P