![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Safety Zone; Lake Champlain Challenge, Cumberland Bay, NY
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: April 2, 2002 (Volume 67, Number 63)]
[Proposed Rules]
[Page 15507-15509]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap02-26]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD01-02-033]
RIN 2115-AA97
Safety Zone; Lake Champlain Challenge, Cumberland Bay, NY
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for the Lake Champlain Challenge Hydroplane race located on Cumberland
Bay, NY. This action is necessary to provide for the safety of life on
navigable waters during this event scheduled for June 29 and 30, 2002.
This action is intended to restrict vessel traffic in the affected
waterway.
DATES: Comments and related material must reach the Coast Guard on or
before May 2, 2002.
ADDRESSES: You may mail comments and related material to Waterways
Oversight Branch (CGD01-02-033), Coast Guard Activities New York, 212
Coast Guard Drive, room 204, Staten Island, New York 10305. The
Waterways Oversight Branch of Coast Guard Activities New York maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at room 204, Coast Guard
Activities New York, between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant M. Day, Waterways Oversight
Branch, Coast Guard Activities New York (718) 354-4012.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-02-
033), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Waterways Oversight Branch 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
The New England Inboard Racing Association sponsors this high-speed
powerboat race with less than 100 powerboats, propelled by 1.5 to 6
liter engines, at the north end of Cumberland Bay, Plattsburgh, NY. The
safety zone includes all waters of Cumberland Bay north of a line drawn
from the east end of the old Canal Terminal Pier in approximate
position 44 deg.42'26.0" N 073 deg.26'28.5" W, to approximate position
44 deg.43'00.8" N 073 deg.24'37.3" W (NAD 1983) on Cumberland Head.
Marine traffic would still be able to transit through the Saranac
River and southern Cumberland Bay while the safety zone is in effect.
Additionally, vessels would not be precluded from mooring at or getting
underway from recreational piers in the vicinity of the proposed safety
zone. Commercial piers
[[Page 15508]]
located within the safety zone are no longer used.
The proposed regulation would be effective from 11:30 a.m. to 6:30
p.m. on Saturday, June 29, and Sunday, June 30, 2002. It would prohibit
all vessels and swimmers from transiting this portion of Cumberland Bay
and is needed to protect the waterway users from the hazards associated
with high-speed powerboats racing in confined waters.
Discussion of Proposed Rule
The proposed safety zone is for the Lake Champlain Challenge held
at the northern end of Cumberland Bay, north of the old Canal Terminal
Pier. The event would be held on Saturday, June 29, and Sunday, June
30, 2002. This rule is being proposed to provide for the safety of life
on navigable waters during the event.
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. It is not ``significant''
under the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040, February 26, 1979).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
This finding is based on the minimal time that vessels will be
restricted from the zone, and the relatively small number of vessels
that normally would be expected to operate in the vicinity of the zone.
Vessels may transit through the Saranac River and southern Cumberland
Bay throughout the safety zone's duration. Vessels would not be
precluded from getting underway, or mooring at, any piers or marinas
currently located in the vicinity of the proposed safety zone. Advance
notifications will be made to the local maritime community by the Local
Notice to Mariners and marine information broadcasts.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: the owners or operators of vessels
intending to transit or anchor in a portion of Cumberland Bay during
the times this zone is activated.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can still transit through the Saranac River and southern
Cumberland Bay during the event; vessels would not be precluded from
getting underway, or mooring at, any piers or marinas currently located
in the vicinity of the proposed safety zone before the effective
period, we will ensure wide dissemination of maritime advisories to
users of Lake Champlain via Local Notice to Mariners and marine
information broadcasts.
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 (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
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant M. Day, Waterways
Oversight Branch, Coast Guard Activities New York (718) 354-4012.
Collection of Information
This proposed rule would call 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 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 would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would 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 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 rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 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
[[Page 15509]]
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. It has not been designated by
the Administrator of the Office of Information and Regulatory Affairs
as a significant energy action. Therefore, it does not require a
Statement of Energy Effects under Executive Order 13211.
Environment
We have considered the environmental impact of this proposed rule
and concluded that, under figure 2-1, paragraph 34(g), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. This proposed rule fits paragraph 34(g) as
it establishes a safety zone. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
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 proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g),
6.04-1, 6.04-6, 160.5; 49 CFR 1.46.
2. From 11:30 a.m. June 29, 2002, to 6:30 p.m. June 30, 2002, add
temporary Sec. 165.T01-033 to read as follows:
Sec. 165.T01-033 Safety Zone: Lake Champlain Challenge, Cumberland
Bay, NY.
(a) Regulated area. The following area is a safety zone: All waters
of Cumberland Bay north of a line drawn from the east end of the old
Canal Terminal Pier in approximate position 44 deg.42'26.0" N
073 deg.26'28.5" W, to approximate position 44 deg.43'00.8" N
073 deg.24'37.3" W (NAD 1983) on Cumberland Head.
(b) Enforcement period. This section will be enforced from 11:30
a.m. to 6:30 p.m. on Saturday, June 29, and Sunday, June 30, 2002.
(c) Regulations. (1) The general regulations contained in 33 CFR
165.23 apply.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated on-scene-patrol
personnel. These personnel comprise commissioned, warrant, and petty
officers of the Coast Guard.
Upon being hailed by a U. S. Coast Guard vessel by siren, radio,
flashing light, or other means, the operator of a vessel shall proceed
as directed.
Dated: March 22, 2002.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 02-7915 Filed 4-1-02; 8:45 am]
BILLING CODE 4910-15-U