[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Rules and Regulations]
[Pages 35905-35907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12802]
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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: Temporary final rule.
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SUMMARY: The Coast Guard is establishing 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 the event. This action is intended to restrict
vessel traffic in the affected waterway.
DATES: This rule is effective from 11:30 a.m. on Saturday, June 29,
until 6:30 p.m. on Sunday, June 30, 2002.
ADDRESSES: 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, are part of docket
CGD01-02-033 and are available for inspection or copying at Waterways
Oversight Branch, Coast Guard Activities New York, 212 Coast Guard
Drive, room 204, Staten Island, New York 10305, between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Commander M. Day, Waterways
Oversight Branch, Coast Guard Activities New York at (718) 354-4012.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 2, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zone; Lake Champlain Challenge, Cumberland Bay,
NY in the Federal Register (67 FR 15507). We received no letters
commenting on the proposed rule. No public hearing was requested, and
none was held.
Background and Purpose
The New England Inboard Racing Association sponsors the Lake
Champlain Challenge, a 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 44x42'26.0'' N 073x26'28.5'' W,
to approximate position 44x43'00.8'' N 073x24'37.3'' W (NAD 1983) on
Cumberland Head.
Marine traffic will still be able to transit through the Saranac
River and southern Cumberland Bay while the safety zone is in effect.
Additionally, vessels will not be precluded from mooring at or getting
underway from recreational piers in the vicinity of the safety zone.
Commercial piers located within the safety zone are no longer used.
The rule will be enforced from 11:30 a.m. to 6:30 p.m. on Saturday,
June 29, and Sunday, June 30, 2002. All vessels
[[Page 35906]]
and swimmers will be prohibited from transiting the portion of
Cumberland Bay designated as a safety zone. This rule is needed to
protect the waterway users from the hazards associated with high-speed
powerboats racing in confined waters.
Discussion of Comments and Changes
The Coast Guard received no letters commenting on the proposed
rulemaking. No changes were made to this rulemaking.
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 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 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 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 will not be precluded from getting
underway, or mooring at, any piers or marinas currently located in the
vicinity of the 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 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 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 or anchor in a portion of Cumberland Bay during the times this
zone is activated.
This safety zone will 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 will not be precluded from
getting underway, or mooring at, any piers or marinas currently located
in the vicinity of the safety zone before the effective period.
Further, we will ensure wide dissemination of maritime advisories to
users of Lake Champlain via Local Notice to Mariners and marine
information broadcasts.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process.
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 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 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 does 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 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.
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. 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 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 rule fits paragraph 34(g) as it
establishes a safety zone. A ``Categorical Exclusion Determination'' is
available in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
[[Page 35907]]
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 165.T01-033 to read as follows:
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 44x42'26.0'' N
073x26'28.5'' W, to approximate position 44x43'00.8'' N 073x24'37.3'' 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: May 14, 2002.
C.E. Bone,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 02-12802 Filed 5-21-02; 8:45 am]
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