Safety Zone; Race on the Lake, Onondaga Lake, Syracuse, NY, 33309-33312 [2012-13685]
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Rules and Regulations
The following safety zone will be
enforced from 5:00 p.m. on July 7, 2012
through 1:00 a.m. on July 8, 2012:
Event name
Location
Latitude
Mercer Island Celebration ..........................
Mercer Island ...............................
47°35.517′ N
Longitude
122°13.233′ W
Radius
450 yds.
The following safety zone will be
enforced from 5:00 p.m. on July 27,
2012 through 1:00 a.m. on July 28, 2012:
Event name
Location
Whaling Days .............................................
Dyes Inlet .....................................
The following safety zone will be
enforced from 5:00 p.m. on August 11,
Latitude
47°38.65′ N
122°41.35′ W
Location
Medina Days ..............................................
Medina Park .................................
The special requirements listed in 33
CFR 165.1332, which can be found in
the Federal Register (75 FR 33698)
published on June 15, 2010, apply to the
activation and enforcement of these
safety zones.
All vessel operators who desire to
enter the safety zone must obtain
permission from the Captain of the Port
or Designated Representative by
contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the
Coast Guard Sector Puget Sound Joint
Harbor Operations Center (JHOC) via
telephone at (206) 217–6002.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
This notice is issued under authority
of 33 CFR 165.1332 and 5 U.S.C. 552(a).
In addition to this notice, the Coast
Guard will provide the maritime
community with extensive advanced
notification of the safety zones via the
Local Notice to Mariners and marine
information broadcasts on the day of the
events.
Dated: May 22, 2012.
S.J. Ferguson,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2012–13684 Filed 6–5–12; 8:45 am]
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Radius
450 yds.
2012 through 1:00 a.m. on August 12,
2012:
Event name
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Longitude
Latitude
47°36.867′ N
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0347]
RIN 1625–AA00
Safety Zone; Race on the Lake,
Onondaga Lake, Syracuse, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Onondaga Lake, Syracuse, NY. This
safety zone is intended to restrict
vessels from a portion of Onondaga Lake
during the Race on the Lake powerboat
races. This temporary safety zone is
necessary to protect participants,
spectators, and vessels from the hazards
associated with hydroplane and
powerboat races.
DATES: This rule is effective between
8:30 a.m. and 6:30 p.m. on June 15–17,
2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2012–
0347 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0347 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
SUMMARY:
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Longitude
122°14.5′ W
Radius
300 yds.
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT Christopher
Mercurio, Chief of Waterway
Management, U.S. Coast Guard Sector
Buffalo; telephone 716–843–9343, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Rules and Regulations
interest because it would inhibit the
Coast Guard’s ability to protect
spectators and vessels from the hazards
associated with a power boat race,
which are discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for 30 day notice period run
would also be impracticable and
contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Public Law 107–295, 116
Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
The purpose of the rule is to protect
the public and vessels from the hazards
associated with power boat races.
Between 9:00 a.m. and 6:00 p.m. on
June 15–17, 2012 a series of hydroplane
and powerboat races will take place on
Onondaga Lake near Syracuse, NY. The
Captain of the Port Buffalo has
determined that hydroplane and
powerboat races create a significant risk
of collisions between participants and
the boating public.
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C. Discussion of the Final Rule
With the aforementioned risks in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of participants and the boating
public during the Race on the Lake.
The safety zone will be effective and
enforced from 8:30 a.m. until 6:30 p.m.
on June 15–17, 2012.
The safety zone will encompass all
waters of Onondaga Lake, Syracuse, NY
starting from position 43°6′49.63″ N and
76°14′8.82″ W then South East to
43°6′9.79″ N and 76°13′5.07″ W then
West to 43°5′57.22″ N and 76°13′33.64″
W then North to 43°6′44.01″ N and
76°14′28.24″ W then returning to the
point of origin to form a square (NAD
83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated on
scene patrol personnel. Entry into,
transiting, or anchoring within the
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
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representative may be contacted via
VHF Channel 16.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule will have a significant
economic impact on a substantial
number of small entities. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This temporary final rule may affect
the following entities, some of which
might be small entities: the owners or
operators of vessels intending to transit
or anchor in a portion of Onondaga
Lake, Syracuse, NY between 8:30 a.m.
and 6:30 p.m. on June 15–17, 2012.
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This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: this rule will be
in effect for approximately ten hours
each day in an area with low
commercial vessel traffic. Also, in the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port Buffalo to transit
through the safety zone. Additionally,
the Coast Guard will give advanced
notice to the public via a local Broadcast
Notice to Mariners that the regulation is
in effect. Moreover, the COTP will
suspend enforcement of the safety zone
if the event for which the zone is
established ends earlier than the
expected time.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness.
If this rule will affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact LT
Christopher Mercurio, Chief of
Waterway Management, U.S. Coast
Guard Sector Buffalo; email
SectorBuffaloMarineSafety@uscg.mil;
telephone 716–843–9343. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
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Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
will not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it will not have a substantial
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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.
exclusion determination are available in
the docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34) (g), of the Instruction. Because it
involves the establishment of a safety
zone, a final environmental analysis
checklist and a preliminary categorical
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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. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0347 to read as
follows:
■
§ 165.T09–0347 Safety Zone; Race on the
Lake, Onondaga Lake, Syracuse, NY.
(a) Location. The safety zone will
encompass all waters of Onondaga Lake,
Syracuse, NY starting from position
43°6′49.63″ N and 76°14′8.82″ W then
South East to 43°6′9.79″ N and
76°13′5.07″ W then West to 43°5′57.22″
N and 76° 13′33.64″ W then North to
43°6′44.01″ N and 76°14′28.24″ W then
returning to the point of origin to form
a square. (NAD 83)
(b) Effective and Enforcement Period.
This regulation is effective and will be
enforced from 8:30 a.m. to 6:30 p.m. on
June 15–17, 2012.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within this
safety zone is prohibited unless
authorized by the Captain of the Port
Buffalo or his designated on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Buffalo or his designated on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port Buffalo is any
Coast Guard commissioned, warrant or
petty officer who has been designated
by the Captain of the Port Buffalo to act
on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
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Port Buffalo or his on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
[FR Doc. 2012–13685 Filed 6–5–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0462]
RIN 1625–AA00
Safety Zone; Marine Week Cleveland,
Lake Erie, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone on
Lake Erie and Cleveland Harbor at
Burke Lakefront Airport, Cleveland,
Ohio. This safety zone is intended to
restrict vessels from a portion of Lake
Erie and Cleveland Harbor near Burke
Lakefront Airport. This temporary safety
zone is necessary to protect participants,
spectators, and vessels from the hazards
associated with aerial insertions and
aircraft maneuvers.
DATES: This rule is effective from
10 a.m. on June 15, 2012 until 3:30 p.m.
on June 17, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2012–
0462 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0462 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email LT Christopher
Mercurio, Chief of Waterway
Management, U.S. Coast Guard Sector
Buffalo; telephone 716–843–9343, email
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
Regulatory Information
Dated: May 16, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
ACTION:
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because doing
so would be impracticable and contrary
to the public interest. The final details
for this event were not known to the
Coast Guard until there was insufficient
time remaining before the event to
publish an NPRM. Thus, delaying the
effective date of this rule to wait for a
comment period to run would be both
impracticable and contrary to the public
interest because it would inhibit the
Coast Guard’s ability to protect
spectators and vessels from the hazards
associated with aerial insertions and
aircraft maneuvering, which are
discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for 30 day notice period run
would also be impracticable and
contrary to the public interest.
Basis and Purpose
Beginning at 10 a.m. on June 15, 2012,
through 3:30 p.m. on June 17, 2012,
there will be Marine Air Ground Task
Force movement on and over Burke
Lakefront to include Recon Insertions
(parachuting), and various maneuvers
by USMC aircraft and personnel on the
Burke Lakefront Airport grounds. A
heavy amount of recreational boat traffic
is expected for this event. The Captain
of the Port Buffalo has determined that
the Marines’ maneuvers combined with
a high concentration of recreational
vessels will create significant risks for
the boating public.
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Discussion of Rule
With the aforementioned risks in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of participants and the boating
public during the Marine Event. This
temporary safety zone will be effective
from 10 a.m. on June 15, 2012 until
3:30 p.m. on June 17, 2012. It will be
enforced from 10 a.m. to 11:30 a.m. and
3 p.m. to 4:30 p.m. on June 15, 2012,
2 p.m. to 3:30 p.m. on June 16, 2012,
and 2 p.m. to 3:30 p.m. on June 17,
2012.
The safety zone will encompass a
portion of Lake Erie and Cleveland
Harbor near Burke Lakefront Airport
from position 41°30′20″ N and
081°42′20″ W, to 41°30′50″ N and
081°42′49″ W, to 41°32′09″ N and
081°39′49″ W, to 41°31′53″ N and
081°39′24″ W, then return to the original
position. (NAD 83).
All persons and vessels shall comply
with the instructions of the Coast Guard
Captain of the Port or the designated on
scene Patrol Commander (PATCOM).
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. Only state, federal, and
local vessels will be allowed in the
safety zone. The Captain of the Port or
his designated on-scene representative
may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Executive Order
12866, or under section 1 of Executive
Order 13563. The Office of Management
and Budget has not reviewed it under
those Orders. It is not ‘‘significant’’
under the regulatory policies and
procedures of the Department of
Homeland Security (DHS). We conclude
that this rule is not a significant
regulatory action because we anticipate
that it will have minimal impact on the
economy, will not interfere with other
agencies, will not adversely alter the
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]]>Agencies
[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Rules and Regulations]
[Pages 33309-33312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13685]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0347]
RIN 1625-AA00
Safety Zone; Race on the Lake, Onondaga Lake, Syracuse, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Onondaga Lake, Syracuse, NY. This safety zone is intended to restrict
vessels from a portion of Onondaga Lake during the Race on the Lake
powerboat races. This temporary safety zone is necessary to protect
participants, spectators, and vessels from the hazards associated with
hydroplane and powerboat races.
DATES: This rule is effective between 8:30 a.m. and 6:30 p.m. on June
15-17, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2012-0347 and are available online
by going to https://www.regulations.gov, inserting USCG-2012-0347 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email LT Christopher Mercurio, Chief of
Waterway Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9343, email SectorBuffaloMarineSafety@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
A. Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The final details for this event were
not known to the Coast Guard until there was insufficient time
remaining before the event to publish an NPRM. Thus, delaying the
effective date of this rule to wait for a comment period to run would
be both impracticable and contrary to the public
[[Page 33310]]
interest because it would inhibit the Coast Guard's ability to protect
spectators and vessels from the hazards associated with a power boat
race, which are discussed further below.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for 30 day notice period run would
also be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
The purpose of the rule is to protect the public and vessels from
the hazards associated with power boat races. Between 9:00 a.m. and
6:00 p.m. on June 15-17, 2012 a series of hydroplane and powerboat
races will take place on Onondaga Lake near Syracuse, NY. The Captain
of the Port Buffalo has determined that hydroplane and powerboat races
create a significant risk of collisions between participants and the
boating public.
C. Discussion of the Final Rule
With the aforementioned risks in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of participants and the boating public during the
Race on the Lake.
The safety zone will be effective and enforced from 8:30 a.m. until
6:30 p.m. on June 15-17, 2012.
The safety zone will encompass all waters of Onondaga Lake,
Syracuse, NY starting from position 43[deg]6'49.63'' N and
76[deg]14'8.82'' W then South East to 43[deg]6'9.79'' N and
76[deg]13'5.07'' W then West to 43[deg]5'57.22'' N and
76[deg]13'33.64'' W then North to 43[deg]6'44.01'' N and
76[deg]14'28.24'' W then returning to the point of origin to form a
square (NAD 83).
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone created by
this rule will be relatively small and enforced for relatively short
time. Also, the safety zone is designed to minimize its impact on
navigable waters. Furthermore, the safety zone has been designed to
allow vessels to transit around it. Thus, restrictions on vessel
movement within that particular area are expected to be minimal. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by the Captain of the Port.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This temporary final rule may affect the following entities, some
of which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of Onondaga Lake, Syracuse,
NY between 8:30 a.m. and 6:30 p.m. on June 15-17, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: this
rule will be in effect for approximately ten hours each day in an area
with low commercial vessel traffic. Also, in the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port Buffalo to transit through the
safety zone. Additionally, the Coast Guard will give advanced notice to
the public via a local Broadcast Notice to Mariners that the regulation
is in effect. Moreover, the COTP will suspend enforcement of the safety
zone if the event for which the zone is established ends earlier than
the expected time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process. Small
businesses may send comments on the actions of Federal employees who
enforce, or otherwise determine compliance with, Federal regulations to
the Small Business and Agriculture Regulatory Enforcement Ombudsman and
the Regional Small Business Regulatory Fairness Boards. The Ombudsman
evaluates these actions annually and rates each agency's
responsiveness.
If this rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Christopher
Mercurio, Chief of Waterway Management, U.S. Coast Guard Sector
Buffalo; email SectorBuffaloMarineSafety@uscg.mil; telephone 716-843-
9343. The Coast Guard will not retaliate against small entities that
question or complain about this rule or any policy or action of the
Coast Guard.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
[[Page 33311]]
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34) (g),
of the Instruction. Because it involves the establishment of a safety
zone, a final environmental analysis checklist and a preliminary
categorical exclusion determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for Part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0347 to read as follows:
Sec. 165.T09-0347 Safety Zone; Race on the Lake, Onondaga Lake,
Syracuse, NY.
(a) Location. The safety zone will encompass all waters of Onondaga
Lake, Syracuse, NY starting from position 43[deg]6'49.63'' N and
76[deg]14'8.82'' W then South East to 43[deg]6'9.79'' N and
76[deg]13'5.07'' W then West to 43[deg]5'57.22'' N and 76[deg]
13'33.64'' W then North to 43[deg]6'44.01'' N and 76[deg]14'28.24'' W
then returning to the point of origin to form a square. (NAD 83)
(b) Effective and Enforcement Period. This regulation is effective
and will be enforced from 8:30 a.m. to 6:30 p.m. on June 15-17, 2012.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the
[[Page 33312]]
Port Buffalo or his on-scene representative may be contacted via VHF
Channel 16. Vessel operators given permission to enter or operate in
the safety zone must comply with all directions given to them by the
Captain of the Port Buffalo, or his on-scene representative.
Dated: May 16, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-13685 Filed 6-5-12; 8:45 am]
BILLING CODE 9110-04-P
