[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Proposed Rules]
[Pages 39400-39402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16806]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2015-0509]
RIN 1625-AA00
Safety Zone; Incredoubleman Triathlon, Henderson Bay, Lake
Ontario, Sackets Harbor, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a safety zone on
Henderson Bay, Lake Ontario, Sackets Harbor, NY for a triathlon event.
This safety zone is necessary to protect swimmers from vessels
operating in the area. This safety zone would restrict vessels from a
portion of Lake Ontario during the swimming portion of the
Incredoubleman Triathlon event.
DATES: Comments and related materials must be received by the Coast
Guard on or before August 10, 2015. Requests for public meetings must
be received July 29, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0509 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Delivery: At the same as mail address above, between 9 a.m. and
5 p.m., Monday through Friday, except federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S.
Coast Guard Sector Buffalo; telephone 716-843-9573, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call 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
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2015-0509), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov or by fax, mail, or hand delivery,
but please use only one of these means. If you submit a comment online,
it will be considered received by the Coast Guard when the comment is
successfully transmitted. If you fax, hand deliver, or mail your
comment, it will be considered received by the Coast Guard when the
comment is received at the Docket Management Facility. We recommend
that you include your name and a mailing address, an email address, or
a telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2015-0509] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this notice of proposed rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to
[[Page 39401]]
http://www.regulations.gov, type the docket number (USCG-2015-0509) 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.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. If you want us to hold
a public meeting, submit your request by July 29, 2015, using one of
the methods specified under ADDRESSES. Any subsequent meetings held
where public comment is sought to aid this rulemaking would be held at
a time and place announced by a later notice in the Federal Register.
B. Basis and Purpose
The legal basis and authorities for this rulemaking 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 establish and define
regulatory safety zones.
Between 7:45 a.m. until 9:30 a.m. on September 12 and 13, 2015, a
triathlon/swimming race will be held offshore of Henderson Bay, Lake
Ontario, Sackets Harbor, NY. The Captain of the Port Buffalo has
determined that a large scale swimming event on a navigable waterway
will pose a significant risk to participants and the boating public.
D. Discussion of Proposed Rule
With the aforementioned hazards in mind, the Captain of the Port
Buffalo proposes to establish a safety zone that will ensure the safety
of participants, spectators, and vessels during the IncreDoubleman
Triathlon event. The proposed safety zone would be effective and
enforced from 7 a.m. until 10 a.m. on September 12 and 13, 2015. The
proposed zone would encompass all areas on the waters of Henderson Bay,
Lake Ontario, Sackets Harbor, NY within the following positions:
43[deg]53'52.58'' N. and 076[deg]7'40.19'' W., then Northwest to
43[deg]54'4.44'' N. and 076[deg]7'43.89'' W., then Southwest to
43[deg]53'57.19'' N. and 076[deg]8'19.19'' W., then Southeast to
43[deg]53'52.58'' N. and 076[deg]7'40.19'' W. (NAD 83).
Entry into, transiting, or anchoring within the proposed safety
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his on-scene representative. The Captain of the Port or his on-scene
representative may be contacted via VHF Channel 16.
E. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or executive orders.
1. Regulatory Planning and Review
This proposed 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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this proposed
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 proposed rule will be relatively small
and enforced for relatively short time. Also, the proposed safety zone
is designed to minimize its impact on navigable waters.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 will not have a significant economic impact on a
substantial number of small entities. This proposed 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
Lake Ontario near Sackets Harbor, NY between 7 a.m. to 1 a.m. on
September 12 and 13, 2015.
This proposed safety zone will not have a significant economic
impact on a substantial number of small entities for the following
reasons: The safety zone will be enforced for only 3 hours early in the
day for two days. Traffic may be allowed to pass 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 enforcement of the zone, we
would issue local Broadcast Notice to Mariners.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed 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, above. The Coast Guard will not retaliate against small
entities that comment on this proposed rule or any policy or action of
the Coast Guard.
4. Collection of Information
This proposed 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 proposed rule under that Order and
determined that this
[[Page 39402]]
rulemaking 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would 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 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.
10. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. 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.
12. Energy Effects
This proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 made a preliminary determination 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 proposed rule is
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Commandant Instruction because it involves the establishment of a
safety zone.
A preliminary 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
proposed 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 proposes
to amend 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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T09-0509 to subpart F under the undesignated center
heading Ninth Coast Guard District to read as follows:
Sec. 165.T09-0509 Safety Zone; Incredoubleman Triathlon, Henderson
Bay, Lake Ontario, Sackets Harbor, NY.
(a) Location. The following area is a safety zone: All areas on the
waters of Henderson Bay, Lake Ontario, Sackets Harbor, NY within the
following positions: 43[deg]53'52.58'' N. and 076[deg]7'40.19'' W.,
then Northwest to 43[deg]54'4.44'' N. and 076[deg]7'43.89'' W., then
Southwest to 43[deg]53'57.19'' N. and 076[deg]8'19.19'' W., then
Southeast to 43[deg]53'52.58'' N and 076[deg]7'40.19'' W. (NAD 83).
(b) Enforcement period. This section will be enforced from 7 a.m.
until 10 a.m. on September 12 and 13, 2015.
(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 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: June 15, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-16806 Filed 7-8-15; 8:45 am]
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