Special Local Regulations; Great Lakes Annual Marine Events, 27478-27481 [E9-13534]

Download as PDF 27478 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules (2) Within 5,000 flight hours after the effective date of this AD: Apply sealant between the bus bar assemblies and the backplate assembly by incorporating Modsum 4W163047, Revision B, dated August 11, 2008, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 84–61–03, Revision ‘A,’ dated September 18, 2008. (3) Incorporating Bombardier DHC–8–S400 Modification Summary Package 4W163047 before the effective date of this AD in accordance with Bombardier Service Bulletin 84–61–03, dated April 27, 2007, is considered acceptable for compliance with the requirements of paragraph (f)(2) of this AD. FAA AD Differences Note 1: This AD differs from the MCAI and/or service information as follows: No differences. Other FAA AD Provisions (g) The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. Send information to ATTN: Wing Chan, Aerospace Engineer, Aerospace Engineer, Systems and Flight Test Branch, ANE–172, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone (516) 228–7311; fax (516) 794–5531. Before using any approved AMOC on any airplane to which the AMOC applies, notify your principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer or other source, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they are approved by the State of Design Authority (or their delegated agent). You are required to assure the product is airworthy before it is returned to service. (3) Reporting Requirements: For any reporting requirement in this AD, under the provisions of the Paperwork Reduction Act, the Office of Management and Budget (OMB) has approved the information collection requirements and has assigned OMB Control Number 2120–0056. erowe on PROD1PC63 with PROPOSALS-1 Related Information (h) Refer to MCAI Canadian Airworthiness Directive CF–2009–01, dated January 19, 2009; and Bombardier Service Bulletin 84– 61–03, Revision ‘A,’ dated September 18, 2008; for related information. Issued in Renton, Washington, on June 2, 2009. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–13505 Filed 6–9–09; 8:45 am] BILLING CODE 4910–13–P VerDate Nov<24>2008 14:07 Jun 09, 2009 Jkt 217001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [USCG–2009–0436] RIN 1625–AA08 Special Local Regulations; Great Lakes Annual Marine Events Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard proposes to amend special local regulations for annual regattas and marine parades in the Captain of the Port Buffalo zone. This action is necessary to protect the public and participants from hazards associated with regattas and marine parades. This proposed rule is intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after regattas or marine parades. DATES: Comments and related materials must reach the Coast Guard on or before July 10, 2009. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG–2009–0436 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: http:// 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. (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: CDR Joseph Boudrow, Prevention Dept. Chief, Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203; 716–843– 9385. SUPPLEMENTARY INFORMATION: I. 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 http:// PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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. A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2009–0436), 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, mailing address, and an e-mail address or other contact information in the body of your document to ensure that you can be identified as the submitter. This also allows us to contact you in the event further information is needed or if there are questions. For example, if we cannot read your submission due to technical difficulties and you cannot be contacted, your submission may not be considered. 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. B. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov at any time, click on ‘‘Search for Dockets,’’ and enter the docket number for this rulemaking (USCG–2009–0436) in the Docket ID box, and click enter. You may also visit 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. C. 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 E:\FR\FM\10JNP1.SGM 10JNP1 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules 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 http:// DocketsInfo.dot.gov. SUPPLEMENTARY INFORMATION: 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. erowe on PROD1PC63 with PROPOSALS-1 Background and Purpose This proposed rule will remove from table 1 found in 33 CFR 100.901, Great Lakes annual marine events, all entries under Group Buffalo, N.Y. These events no longer occur annually or are not regattas or marine parades. This proposed rule will also add new sections not previously listed in 33 CFR Part 100. The new sections are: § 100.926 Syracuse Hydrofest, Syracuse, N.Y.; § 100.927 Swim the Bay, Presque Isle Bay, Erie, PA; § 100.928 Carly’s Crossing, Lake Erie, Buffalo, N.Y.; § 100.929 Thunder on the Niagara, Niagara River, North Tonawanda, N.Y.; and § 100.930 Antique Boat Show, Niagara River, Grand Island, N.Y. Discussion of Proposed Rule The proposed rule is necessary to ensure the safety of vessels and people during annual regattas and marine parades in the Captain of the Port Buffalo area of responsibility that may pose a hazard to the public. This rule proposes the removal of regulations currently published in 33 CFR part 100.901 under Group Buffalo and adds new events never before published in the CFR. The proposed safety zones will be enforced only immediately before, during, and after events that pose hazard to the public, and only upon notice by the Captain of the Port. The Captain of the Port will inform the public about the details of each regatta or marine parade covered by these special local regulations using a variety of means, including, but is not limited to, Broadcast Notices to Mariners and Local Notices to Mariners. The Captain of the Port will issue a Broadcast Notice to Mariners notifying the public when enforcement of the special local regulation for each event is terminated. VerDate Nov<24>2008 14:07 Jun 09, 2009 Jkt 217001 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 these special local regulations will be periodic in nature, of short duration, and designed to minimize the impact on navigable waters. These special local regulations will only be enforced immediately before and during the time the marine events are occurring. Furthermore, these special local regulations have been designed to allow vessels to transit portions of the waterways not affected by the special local regulations. The Coast Guard expects insignificant adverse impact to mariners from the activation of these special local regulations. 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 of operators of vessels intending to transit or anchor in the areas designated as special local regulations in paragraphs (4) through (13) during the dates and times the special local regulations are being enforced. These special local regulations would not have a significant economic impact on a substantial number of small entities for the following reasons. The special local regulations in this proposed rule would be in effect for short periods of time, and only once per year. The special local regulations have been designed to allow traffic to pass safely around the zone whenever possible and PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 27479 vessels will be allowed to pass through the zones 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 proposed rule would economically affect it. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 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 CDR Joseph Boudrow, Prevention Dept. Chief, Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203; 716–843– 9385. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. Collection of Information This proposed 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 nevertheless discuss its effects elsewhere in this preamble. E:\FR\FM\10JNP1.SGM 10JNP1 27480 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules Taking of Private Property This proposed rule will not affect 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. erowe on PROD1PC63 with PROPOSALS-1 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 safety zones 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 VerDate Nov<24>2008 14:07 Jun 09, 2009 Jkt 217001 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 and Department of Homeland Security Management Directive 023–01, which guide 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 effect on the human environment. An environmental analysis checklist supporting this preliminary determination 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 100 Harbors, Marine Safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for Part 100 continues to read as follows: Authority: 33 U.S.C. 1233. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 § 100.901 [Amended] 2. Amend § 100.901 Table 1 as follows: a. Under the entry ‘‘Group Buffalo, NY’’: 1. Remove ‘‘Group Buffalo, NY’’. 2. Remove in their entirety the entries: Fireworks by Grucci, Flagship International Kilo Speed Challenge, Flagship International Offshore Challenge, Friendship Festival Airshow, NFBRA Red Dog Kilo Time Trials, Sodus Bay 4th of July Fireworks, Tallship Erie, Thomas Graves Memorial Fireworks Display, Thunder Island Offshore Challenge, We Love Erie Days Fireworks. 3. Add § 100.926 to read as follows: § 100.926 NY. Syracuse Hydrofest, Syracuse, (a) Regulated Area. A regulated area is established to include all waters of Onondaga Lake located at 43°06′00″ N, 076°12′35″ W, South to 43°05′26″ N, 076°13′05″ W, South West to 43°04′09″ N, 076°11′29″ W, North to 43°04′33″ N, 076°10′59″ W. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Effective Date. This event occurs the second weekend in July. The exact dates and times for this event will be determined annually and published via Local Notice to Mariners and Broadcast Notice to Mariners. 4. Add § 100.927 to read as follows: § 100.927 Erie, PA. Swim the Bay, Presque Isle Bay, (a) Regulated Area. A regulated area is established to include all waters of Presque Isle Bay, Erie, PA starting in position 42°07′28″ N, 080°07′50″ W heading northwest to position 42°07′21″ N, 080°08′44″ W then south to 42°07′13″ N, 080°08′46″ W then east to 042°07′15″ N, 080°08′06″ W. The starting and finishing positions are the Erie Yacht Club. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Effective Date. This event occurs the last week in June. The exact dates and times for this event will be determined annually and published via Local Notice to Mariners and Broadcast Notice to Mariners. 5. Add § 100.928 to read as follows: E:\FR\FM\10JNP1.SGM 10JNP1 Federal Register / Vol. 74, No. 110 / Wednesday, June 10, 2009 / Proposed Rules § 100.928 Carly’s Crossing, Lake Erie, Buffalo, NY. (a) Regulated Area. A regulated area is established to include all waters of Lake Erie extending two miles to the break wall outside of Gallagher Beach. The positions of the race course are as follows; starting 42°50′47″ N, 078°51′44″ W headed North East to position 42°50′27″ N, 078°52′23″ W West to 42°50′19″ N, 078°52′10″ W then finishing South at position 42°50′27″ N, 078°51′35″ W (NAD 83). (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Effective Date. This event occurs the third Saturday in August. The exact times for this event will be determined annually and published via Local Notice to Mariners and Broadcast Notice to Mariners. 6. Add § 100.929 to read as follows: § 100.929 Thunder on the Niagara, Niagara River, North Tonawanda, NY. (a) Regulated Area. A regulated area is established to include all waters of the Upper Niagara River, North Tonawanda, NY within two miles of the Grand Island Bridge located at 43°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. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Effective Date. This event occurs the last week of August. The exact dates and times for this event will be determined annually and published via Local Notice to Mariners and Broadcast Notice to Mariners. 7. Add § 100.930 to read as follows: erowe on PROD1PC63 with PROPOSALS-1 § 100.930 Antique Boat Show, Niagara River, Grand Island, NY. (a) Regulated Area. A regulated area is established to include all waters of the Niagara River, Grand Island, NY from the S. Grand Island Bridge to Motor Island; coordinates 42°59′59″ N, 078°56′22″ W, East to 42°59′54″ N, 078°56′14″ W, South to 42°57′54″ N, 078°56′04″ W, West to 42°57′48″ N, 078°56′22″ W. (b) Special Local Regulations. The regulations of § 100.901 apply. No vessel may enter, transit through, or anchor within the regulated area without the permission of the Coast Guard Patrol Commander. (c) Effective Date. This event occurs the first Saturday in September after VerDate Nov<24>2008 14:07 Jun 09, 2009 Jkt 217001 Labor Day. The exact dates and times for this event will be determined annually and published via Local Notice to Mariners and Broadcast Notice to Mariners. Dated: May 27, 2009. R.S. Burchell, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. E9–13534 Filed 6–9–09; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2008–1262] RIN 1625–AA00 Safety Zone; AVI September Fireworks Display; Laughlin, NV Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: SUMMARY: The Coast Guard proposes a safety zone on the navigable waters of the lower Colorado River, Laughlin, NV, in support of a fireworks display near the AVI Resort and Casino. This safety zone is necessary to provide for the safety of the participants, crew, spectators, participating vessels, and other vessels and users of the waterway. Persons and vessels are prohibited from entering into, transiting through, or anchoring within this safety zone unless authorized by the Captain of the Port, or his designated representative. DATES: Comments and related material must be submitted on or before July 10, 2009 ADDRESSES: You may submit comments identified by docket number USCG– 2008–1262 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) 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. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. For instructions on submitting comments, see the ‘‘Public Participation and Request for Comments’’ portion of the PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 SUPPLEMENTARY INFORMATION 27481 section below. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call Petty Officer Shane Jackson, USCG, Waterways Management, U.S. Coast Guard Sector San Diego at (619) 278–2767. 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: 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 http:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2008–1262), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand delivery, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. 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. To submit your comment online, go to http://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert ‘‘USCG– 2008–1262’’ in the Docket ID box, press Enter, and then click on the balloon shape in the Actions column. If you submit your comments by mail or hand 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 E:\FR\FM\10JNP1.SGM 10JNP1

Agencies

[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Proposed Rules]
[Pages 27478-27481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13534]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2009-0436]
RIN 1625-AA08


Special Local Regulations; Great Lakes Annual Marine Events

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend special local regulations 
for annual regattas and marine parades in the Captain of the Port 
Buffalo zone. This action is necessary to protect the public and 
participants from hazards associated with regattas and marine parades. 
This proposed rule is intended to ensure safety of life on the 
navigable waters immediately prior to, during, and immediately after 
regattas or marine parades.

DATES: Comments and related materials must reach the Coast Guard on or 
before July 10, 2009.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2009-0436 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: http://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.
    (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: CDR Joseph Boudrow, Prevention Dept. 
Chief, Sector Buffalo, 1 Fuhrmann Blvd., Buffalo, NY 14203; 716-843-
9385.

SUPPLEMENTARY INFORMATION:

I. 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 http://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.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0436), 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, mailing address, and 
an e-mail address or other contact information in the body of your 
document to ensure that you can be identified as the submitter. This 
also allows us to contact you in the event further information is 
needed or if there are questions. For example, if we cannot read your 
submission due to technical difficulties and you cannot be contacted, 
your submission may not be considered. 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 8\1/
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.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov at 
any time, click on ``Search for Dockets,'' and enter the docket number 
for this rulemaking (USCG-2009-0436) in the Docket ID box, and click 
enter. You may also visit 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.

C. 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

[[Page 27479]]

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 
http://DocketsInfo.dot.gov.

SUPPLEMENTARY INFORMATION:

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

    This proposed rule will remove from table 1 found in 33 CFR 
100.901, Great Lakes annual marine events, all entries under Group 
Buffalo, N.Y. These events no longer occur annually or are not regattas 
or marine parades. This proposed rule will also add new sections not 
previously listed in 33 CFR Part 100. The new sections are: Sec.  
100.926 Syracuse Hydrofest, Syracuse, N.Y.; Sec.  100.927 Swim the Bay, 
Presque Isle Bay, Erie, PA; Sec.  100.928 Carly's Crossing, Lake Erie, 
Buffalo, N.Y.; Sec.  100.929 Thunder on the Niagara, Niagara River, 
North Tonawanda, N.Y.; and Sec.  100.930 Antique Boat Show, Niagara 
River, Grand Island, N.Y.

Discussion of Proposed Rule

    The proposed rule is necessary to ensure the safety of vessels and 
people during annual regattas and marine parades in the Captain of the 
Port Buffalo area of responsibility that may pose a hazard to the 
public. This rule proposes the removal of regulations currently 
published in 33 CFR part 100.901 under Group Buffalo and adds new 
events never before published in the CFR.
    The proposed safety zones will be enforced only immediately before, 
during, and after events that pose hazard to the public, and only upon 
notice by the Captain of the Port.
    The Captain of the Port will inform the public about the details of 
each regatta or marine parade covered by these special local 
regulations using a variety of means, including, but is not limited to, 
Broadcast Notices to Mariners and Local Notices to Mariners. The 
Captain of the Port will issue a Broadcast Notice to Mariners notifying 
the public when enforcement of the special local regulation for each 
event is terminated.

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 these special local regulations will be 
periodic in nature, of short duration, and designed to minimize the 
impact on navigable waters. These special local regulations will only 
be enforced immediately before and during the time the marine events 
are occurring. Furthermore, these special local regulations have been 
designed to allow vessels to transit portions of the waterways not 
affected by the special local regulations. The Coast Guard expects 
insignificant adverse impact to mariners from the activation of these 
special local regulations.

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 of operators of vessels 
intending to transit or anchor in the areas designated as special local 
regulations in paragraphs (4) through (13) during the dates and times 
the special local regulations are being enforced.
    These special local regulations would not have a significant 
economic impact on a substantial number of small entities for the 
following reasons. The special local regulations in this proposed rule 
would be in effect for short periods of time, and only once per year. 
The special local regulations have been designed to allow traffic to 
pass safely around the zone whenever possible and vessels will be 
allowed to pass through the zones 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 proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 CDR Joseph 
Boudrow, Prevention Dept. Chief, Sector Buffalo, 1 Fuhrmann Blvd., 
Buffalo, NY 14203; 716-843-9385. The Coast Guard will not retaliate 
against small entities that question or complain about this proposed 
rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed 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 nevertheless discuss its effects elsewhere in this 
preamble.

[[Page 27480]]

Taking of Private Property

    This proposed rule will not affect 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 safety zones 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 and Department of Homeland Security Management Directive 023-
01, which guide 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 effect on the human environment. An environmental 
analysis checklist supporting this preliminary determination 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 100

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for Part 100 continues to read as 
follows:

    Authority: 33 U.S.C. 1233.


Sec.  100.901  [Amended]

    2. Amend Sec.  100.901 Table 1 as follows:
    a. Under the entry ``Group Buffalo, NY'':
    1. Remove ``Group Buffalo, NY''.
    2. Remove in their entirety the entries: Fireworks by Grucci, 
Flagship International Kilo Speed Challenge, Flagship International 
Offshore Challenge, Friendship Festival Airshow, NFBRA Red Dog Kilo 
Time Trials, Sodus Bay 4th of July Fireworks, Tallship Erie, Thomas 
Graves Memorial Fireworks Display, Thunder Island Offshore Challenge, 
We Love Erie Days Fireworks.
    3. Add Sec.  100.926 to read as follows:


Sec.  100.926  Syracuse Hydrofest, Syracuse, NY.

    (a) Regulated Area. A regulated area is established to include all 
waters of Onondaga Lake located at 43[deg]06'00'' N, 076[deg]12'35'' W, 
South to 43[deg]05'26'' N, 076[deg]13'05'' W, South West to 
43[deg]04'09'' N, 076[deg]11'29'' W, North to 43[deg]04'33'' N, 
076[deg]10'59'' W.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. This event occurs the second weekend in July. 
The exact dates and times for this event will be determined annually 
and published via Local Notice to Mariners and Broadcast Notice to 
Mariners.
    4. Add Sec.  100.927 to read as follows:


Sec.  100.927  Swim the Bay, Presque Isle Bay, Erie, PA.

    (a) Regulated Area. A regulated area is established to include all 
waters of Presque Isle Bay, Erie, PA starting in position 
42[deg]07'28'' N, 080[deg]07'50'' W heading northwest to position 
42[deg]07'21'' N, 080[deg]08'44'' W then south to 42[deg]07'13'' N, 
080[deg]08'46'' W then east to 042[deg]07'15'' N, 080[deg]08'06'' W. 
The starting and finishing positions are the Erie Yacht Club.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. This event occurs the last week in June. The 
exact dates and times for this event will be determined annually and 
published via Local Notice to Mariners and Broadcast Notice to 
Mariners.
    5. Add Sec.  100.928 to read as follows:

[[Page 27481]]

Sec.  100.928  Carly's Crossing, Lake Erie, Buffalo, NY.

    (a) Regulated Area. A regulated area is established to include all 
waters of Lake Erie extending two miles to the break wall outside of 
Gallagher Beach. The positions of the race course are as follows; 
starting 42[deg]50'47'' N, 078[deg]51'44'' W headed North East to 
position 42[deg]50'27'' N, 078[deg]52'23'' W West to 42[deg]50'19'' N, 
078[deg]52'10'' W then finishing South at position 42[deg]50'27'' N, 
078[deg]51'35'' W (NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. This event occurs the third Saturday in August. 
The exact times for this event will be determined annually and 
published via Local Notice to Mariners and Broadcast Notice to 
Mariners.
    6. Add Sec.  100.929 to read as follows:


Sec.  100.929  Thunder on the Niagara, Niagara River, North Tonawanda, 
NY.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Upper Niagara River, North Tonawanda, NY within two miles 
of the Grand Island Bridge located at 43[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.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. This event occurs the last week of August. The 
exact dates and times for this event will be determined annually and 
published via Local Notice to Mariners and Broadcast Notice to 
Mariners.
    7. Add Sec.  100.930 to read as follows:


Sec.  100.930  Antique Boat Show, Niagara River, Grand Island, NY.

    (a) Regulated Area. A regulated area is established to include all 
waters of the Niagara River, Grand Island, NY from the S. Grand Island 
Bridge to Motor Island; coordinates 42[deg]59'59'' N, 078[deg]56'22'' 
W, East to 42[deg]59'54'' N, 078[deg]56'14'' W, South to 42[deg]57'54'' 
N, 078[deg]56'04'' W, West to 42[deg]57'48'' N, 078[deg]56'22'' W.
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Effective Date. This event occurs the first Saturday in 
September after Labor Day. The exact dates and times for this event 
will be determined annually and published via Local Notice to Mariners 
and Broadcast Notice to Mariners.

    Dated: May 27, 2009.
R.S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E9-13534 Filed 6-9-09; 8:45 am]
BILLING CODE 4910-15-P