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Safety Zone; Mentor Power Boat Race, Lake Erie, Mentor, OH
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 26, 2006 (Volume 71, Number 122)]
[Rules and Regulations]
[Page 36202-36204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn06-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD09-06-060]
RIN 1625-AA00
Safety Zone; Mentor Power Boat Race, Lake Erie, Mentor, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone for the Mentor
Power Boat Race located in the Captain of the Port Buffalo Zone. This
safety zone is necessary to provide for the safety of life on navigable
waters during this event. This action is intended to restrict vessel
traffic within the immediate vicinity of the event in a portion of Lake
Erie.
DATES: This rule is effective from 12 noon (local) through 4 p.m.
(local) on July 9, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [CGD09-06-060]
and are available for
inspection or copying at the U.S. Coast Guard Marine Safety Unit
Cleveland, 1055 East Ninth Street, Cleveland, Ohio 44114, between the
hours of 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal
Holidays.
FOR FURTHER INFORMATION CONTACT: LT Nicole Starr, U.S. Coast Guard
Marine Safety Unit Cleveland, at (216) 937-0128.
SUPPLEMENTARY INFORMATION:
Regulatory Information:
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. The timing of this event does
not allow sufficient time for the publication of an NPRM followed by an
effective date before the event. 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. Delaying this
rule would be contrary to the public interest of ensuring the safety of
work crews, vessels and the general public during this event, and
immediate action is necessary to prevent possible loss of life or
property. The Coast Guard has not received any complaints or negative
comments with regard to this process.
Background and Purpose
This safety zone is necessary and intended to manage vessel traffic
in order to provide for the safety of life and property on navigated
waters of Lake Erie. The Captain of the Port has determined that this
evolution poses a threat to vessel operators due to the navigational
risks associated with this type of event.
Discussion of Rule
The following area is a safety zone: All waters of the south shore
of Lake Erie within a box drawn from 41[deg]43.70' N 081[deg]21.20' W
to 41[deg]44.45' N 081[deg]22.00' W to 41[deg]46.40' N 081[deg]18.15' W
to 41[deg]45.40' N 081[deg]17.50' W thence following the shore line to
origin. These coordinates are based upon North American Datum 1983 (NAD).
Entry into, transit through or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Coast Guard may be contacted
via VHF Channel 16 during this event.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed this rule under that Order. It is not ``significant'' under
the regulatory policies and procedures of the Department of Homeland
Security (DHS).
[[Page 36203]]
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under paragraph 10(e) of the regulatory
policies and procedures of DHS is unnecessary.
This determination is based on the limited time that the safety
zone will be in effect, and that advance notice will be made to the
maritime community via Local Notice to Mariners, facsimile, and marine
safety information broadcasts. This regulation is tailored to impose a
minimal impact on maritime interests without compromising safety.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant 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
would not have a significant economic impact on a substantial number of
small entities.
This rule would affect the following entities, some of which might
be small entities: The owners or operators of commercial vessels
intending to transit a portion of the activated safety zone.
This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: The
proposed zone is only in effect for a few hours and restricts only a
limited area of navigable water of Lake Erie. Before the activation of
the safety zone, the Coast Guard will issue maritime advisories
available to users who may be impacted through Local Notice to
Mariners, facsimile, and marine safety information broadcasts.
Additionally, the Coast Guard has not received any reports from small
entities that will be negatively affected.
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 offered to assist small
entities in understanding this rule so that they can better evaluate
its effects and participate in the rulemaking process. 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 Marine Safety Office Cleveland
(see ADDRESSES.)
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).
Collection of Information
This 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 effect on State or local
governments and would either preempt State law or impose a substantial
cost of compliance on them. We have analyzed this rule under that Order
and have determined that it does not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such expenditure,
we do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule 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 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
The Coast Guard has analyzed this rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
concern an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This 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
The Coast Guard has analyzed this rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedure; and related management
system practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 36204]]
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, 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
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. This event establishes a safety zone therefore paragraph
(34)(g) of the Instruction applies.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
? For the reasons discussed in the preamble, the Coast Guard temporarily
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. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 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. A new temporary Sec. 165.T09-060 is added read as follows:
Sec. 165.T09-060 Safety Zone; Lake Erie, Mentor, Ohio, Mentor Power
Boat Race.
(a) Location. The following area is a safety zone: All waters of
the south shore of Lake Erie within a box drawn from 41[deg]43.70' N
081[deg]21.20' W to 41[deg]44.45' N 081[deg]22.00' W to 41[deg]46.40' N
081[deg]18.15' W to 41[deg]45.40' N 081[deg]17.50' W thence following
the shore line to origin. These coordinates are based upon North
American Datum 1983 (NAD 83).
(b) Definitions. The following definitions apply to this section:
Designated on-scene representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers, and other officers
operating Coast Guard vessels, and Federal, State, and local officers
designated by or assisting the Captain of the Port (COTP), Buffalo, New
York, in the enforcement of regulated navigation areas and safety and
security zones.
(c) Effective Period. This rule is effective from 12 noon (local)
through 4 p.m. (local) on July 9th, 2006.
(d) Regulations. Entry into, transit through or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative. The Coast Guard
may be contacted via VHF Channel 16 during this event.
Dated: June 15, 2006.
S.J. Furguson,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. E6-10046 Filed 6-23-06; 8:45 am]
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