Safety Zone; IncreDoubleman Triathlon, Lake Ontario, Sackets Harbor, NY, 54603-54605 [2014-21844]
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Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0745]
RIN 1625–AA00
Safety Zone; IncreDoubleman
Triathlon, Lake Ontario, Sackets
Harbor, NY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Sackets Harbor, Sackets Harbor, NY for
a triathlon event. This temporary safety
zone is necessary to protect swimmers
from vessels operating in the area. This
safety zone will restrict vessels from a
portion of Lake Ontario during the
swimming portion of the
IncreDoubleman Triathlon event.
DATES: This temporary final rule is
effective from 6:45 a.m. until 9:30 a.m.
on September 13 and 14, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0745]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 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 rule, call or
email LT Christopher Mercurio, Chief of
Waterways Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9573, email
SectorBuffaloMarineSafety@uscg.mil. If
you have questions on viewing the
docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826 or 1–800–647–5527.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
VerDate Mar<15>2010
16:18 Sep 11, 2014
Jkt 232001
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.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this temporary rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
Between 6:45 a.m. until 9:30 a.m. on
September 13 and 14, 2014, a triathlon/
swimming races will be held offshore of
Sackets Harbor, Sackets, NY. The
Captain of the Port Buffalo has
determined that large scale swimming
event on a navigable waterway will pose
a significant risk to participants and the
boating public.
C. Discussion of Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of participants, spectators, and
vessels during the IncreDoubleman
Triathlon event. This zone will be
effective and enforced from 6:45 a.m.
until 9:30 a.m. on September 13 and 14,
2014. The zone will encompass waters
of Lake Ontario near Sackets Harbor,
NY. Specifically, the safety zone will
cover all waters of Lake Ontario
landward of a line connecting the
following points: 43°57′0.359″ N and
76°7′14.847″ W extending northeast to
43°57′12.704″ N and 76°7′2.644″ W and
then extending east to 43°57′11.037″ N
and 76°6′50.054″ W (NAD 83). The zone
will include waters leading into, and
away from, any marinas located in close
proximity to the race area.
Entry into, transiting, or anchoring
within the safety zone will be
authorized on a case by case basis after
contacting 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.
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Fmt 4700
Sfmt 4700
54603
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and executive
orders.
1. 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 Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders.
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 a
maximum of 5.5 hours. Also, the safety
zone is designed to minimize its impact
on navigable waters. The safety zone
will allow vessels to transit through
with approval from the Coast Guard onscene representative.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this rule on small entities.
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 might be small
entities: The owners or operators of
vessels intending to transit a portion of
Black River Bay in Sackets Harbor, NY
on the mornings of September 13 and
14. This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This safety zone
will allow for the passage of vessels
through the zone with the permission of
the Captain of the Port. The Captain of
the Port can be reached via VHF
channel 16. Before the activation of the
zone, we would issue local Broadcast
Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
E:\FR\FM\12SER1.SGM
12SER1
54604
Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Rules and Regulations
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section above.
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.
4. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
7. 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
16:18 Sep 11, 2014
Jkt 232001
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. 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.
10. 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 create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
VerDate Mar<15>2010
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. 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 determined that 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 involves the
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Fmt 4700
Sfmt 4700
establishment of a safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. 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
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. Section 165.T09–0745 is added to
read as follows:
■
§ 165.T09–0745 Safety Zone;
Incredoubleman Triathlon, Lake Ontario,
Sackets Harbor, NY.
(a) Location. This safety zone will
cover all waters of Lake Ontario
landward of a line connecting the
following points: 43°57′0.359″ N and
76°7′14.847″ W extending northeast to
43°57′12.704″ N and 76°7′2.644″ W and
then extending east to 43°57′11.037″ N
and 76°6′50.054″ W (NAD 83). This will
include waters leading into, and away
from, any marinas located in close
proximity to the race area.
(b) Effective and enforcement period.
This section is effective and will be
enforced from 6:45 a.m. to 9:15 a.m. on
September 13 and September 14, 2014.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, 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
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Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Rules and Regulations
contact the Captain of the Port Buffalo
or his on-scene representative to obtain
permission to do so. The Captain of the
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: August 17, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2014–21844 Filed 9–11–14; 8:45 am]
BILLING CODE 9110–04–P
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
Coast Guard
33 CFR Part 165
A. Regulatory History and Information
[Docket No. USCG–2014–0611]
RIN 1625–AA00
Safety Zone; Lucas Oil Thunder on the
River; Thompson Bay, Lake Havasu
City, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone
within the navigable waters of
Thompson Bay in Lake Havasu, AZ in
support of the Lucas Oil Thunder on the
River high speed boat race. This safety
zone is established to help ensure the
safety of participants, crew, spectators,
participating vessels, and other vessels
and users of the waterway.
Unauthorized 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 their designated
representative.
SUMMARY:
This rule is effective from 7 a.m.
to 7 p.m. on October 10, 2014 through
October 12, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0611]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
mstockstill on DSK4VPTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
16:18 Sep 11, 2014
If
you have questions on this rule, call or
email Petty Officer Giacomo Terrizzi,
Waterways Management, U.S. Coast
Guard Sector San Diego, Coast Guard;
telephone 619–278–7656, email
d11marineeventssandiego@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
ACTION:
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Jkt 232001
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 it is impracticable to
provide a full comment period due to
lack of time before the high speed boat
race is planned for this season.
Completing the NPRM process and
providing notice and a comment period
is impracticable because it would
unnecessarily delay this rule and the
immediate safety measures it provides
to the event participants, patrol vessels,
spectator craft and other vessels
transiting the event area. Additionally,
the high speed boat race is advertised to
the local community by and through the
I–10 Race Promotions. Delaying the
safety zone’s effective date to complete
the NPRM process would interfere with
the advertised and planned boat race
and would unnecessarily interfere with
contractual obligations related to this
event. The Coast Guard will provide
advance notifications to users of the
affected waterways of the safety zone
via marine information broadcasts and
local notice to mariners.
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54605
B. Basis and Purpose
The legal basis and authorities for this
rule are found in 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, and 160.5; Public Law 107–295,
116 Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to propose, establish, and
define regulatory safety zones.
I–10 Race Promotions is sponsoring
the Lucas Oil Thunder on the River,
which will involve 150 drag boats, 10 to
50 feet in length from across the United
States and Canada. The safety zone will
cover the majority of Thompson Bay.
This temporary safety zone is necessary
to provide for the safety of the
participants, crew, spectators, sponsor
vessels, other vessels, and users of the
waterway, specifically in minimizing
vessel wakes by transiting vessels in the
vicinity of the racing area. Unnecessary
wakes can disrupt the racing boats and
could cause injury or damage to the
racing vessels.
C. Discussion of the Final Rule
The Coast Guard is establishing a
safety zone that will be enforced from 7
a.m. to 7 p.m. on October 10, 2014
through October 12, 2014. The effect of
the temporary safety zone will be to
restrict navigation in the vicinity of the
boat race site until the conclusion of the
races. The limits of the safety zone will
include all the navigable waters of
Thompson Bay encompassed by
drawing a line from point to point along
the following coordinates:
Northern Zone Line:
34°27′57.96″ N, 114°20′48.49″ W
34°27′57.71″ N, 114°20′49.75″ W
North West Zone Line:
34°27′07.99″ N, 114°21′09.93″ W
34°26′51.99″ N, 114°21′03.83″ W
South Zone Line:
34°27′07.99″ N, 114°21′09.93″ W
34°26′51.99″ N, 114°21′03.83″ W
The safety zone is necessary to
provide for the safety of the crew,
spectators, participants, and other
vessels and users of the waterway.
Persons and vessels will be prohibited
from entering into, transiting through, or
anchoring within this safety zone unless
authorized by the Captain of the Port, or
his designated representative, during
the proposed times. The three day event
will include official racing on Friday,
Saturday, and Sunday. Before the
effective period, the Coast Guard will
publish a local notice to mariners (LNM)
and the event sponsor through Lake
Havasu City has extensively advertised
the marine event with the public.
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]]>Agencies
[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54603-54605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21844]
[[Page 54603]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0745]
RIN 1625-AA00
Safety Zone; IncreDoubleman Triathlon, Lake Ontario, Sackets
Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Sackets Harbor, Sackets Harbor, NY for a triathlon event. This
temporary safety zone is necessary to protect swimmers from vessels
operating in the area. This safety zone will restrict vessels from a
portion of Lake Ontario during the swimming portion of the
IncreDoubleman Triathlon event.
DATES: This temporary final rule is effective from 6:45 a.m. until 9:30
a.m. on September 13 and 14, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0745]. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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 rule,
call or email LT Christopher Mercurio, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo; telephone 716-843-9573, email
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing
the docket, call Ms. Cheryl Collins, Program Manager, Docket
Operations, telephone 202-366-9826 or 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
A. Regulatory History and 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.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
Between 6:45 a.m. until 9:30 a.m. on September 13 and 14, 2014, a
triathlon/swimming races will be held offshore of Sackets Harbor,
Sackets, NY. The Captain of the Port Buffalo has determined that large
scale swimming event on a navigable waterway will pose a significant
risk to participants and the boating public.
C. Discussion of Rule
With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of participants, spectators, and vessels during the
IncreDoubleman Triathlon event. This zone will be effective and
enforced from 6:45 a.m. until 9:30 a.m. on September 13 and 14, 2014.
The zone will encompass waters of Lake Ontario near Sackets Harbor, NY.
Specifically, the safety zone will cover all waters of Lake Ontario
landward of a line connecting the following points: 43[deg]57'0.359'' N
and 76[deg]7'14.847'' W extending northeast to 43[deg]57'12.704'' N and
76[deg]7'2.644'' W and then extending east to 43[deg]57'11.037'' N and
76[deg]6'50.054'' W (NAD 83). The zone will include waters leading
into, and away from, any marinas located in close proximity to the race
area.
Entry into, transiting, or anchoring within the safety zone will be
authorized on a case by case basis after contacting 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.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. 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 Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
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 a maximum of 5.5 hours. Also, the
safety zone is designed to minimize its impact on navigable waters. The
safety zone will allow vessels to transit through with approval from
the Coast Guard on-scene representative.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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 might be
small entities: The owners or operators of vessels intending to transit
a portion of Black River Bay in Sackets Harbor, NY on the mornings of
September 13 and 14. This safety zone will not have a significant
economic impact on a substantial number of small entities for the
following reasons: This safety zone will allow for the passage of
vessels through the zone with the permission of the Captain of the
Port. The Captain of the Port can be reached via VHF channel 16. Before
the activation of the zone, we would issue local Broadcast Notice to
Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),
[[Page 54604]]
we want to assist small entities in understanding this rule. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section above.
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.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.
7. 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.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. 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.
10. 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 create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 determined
that 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 involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 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. Section 165.T09-0745 is added to read as follows:
Sec. 165.T09-0745 Safety Zone; Incredoubleman Triathlon, Lake
Ontario, Sackets Harbor, NY.
(a) Location. This safety zone will cover all waters of Lake
Ontario landward of a line connecting the following points:
43[deg]57'0.359'' N and 76[deg]7'14.847'' W extending northeast to
43[deg]57'12.704'' N and 76[deg]7'2.644'' W and then extending east to
43[deg]57'11.037'' N and 76[deg]6'50.054'' W (NAD 83). This will
include waters leading into, and away from, any marinas located in
close proximity to the race area.
(b) Effective and enforcement period. This section is effective and
will be enforced from 6:45 a.m. to 9:15 a.m. on September 13 and
September 14, 2014.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, 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
[[Page 54605]]
contact the Captain of the Port Buffalo or his on-scene representative
to obtain permission to do so. The Captain of the 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: August 17, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2014-21844 Filed 9-11-14; 8:45 am]
BILLING CODE 9110-04-P
