[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62440-62442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25056]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0889]
RIN 1625-AA00
Safety Zone; Wounded Warriors Benefit, Lake Erie, Huron, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Lake Erie, East Huron, Ohio. This regulation is intended to
restrict vessels from portions of Lake Erie during the Wounded Warriors
Benefit. This safety zone is necessary to protect spectators and
vessels from the hazards associated with launched pumpkins.
DATES: This rule is effective from 10:00 a.m. on October 27, 2012,
until 7:00 p.m. on October 28, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0889. To view documents mentioned in this preamble as being
available in the docket, go http://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 20590-0001 between 9 a.m. and 5 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email the Marine Events Coordinator, LTJG
Benjamin Nessia, Marine Safety Unit, Toledo, 420 Madison Avenue Suite
700, Toledo, OH 43604; (419) 418-6040, email
[email protected]. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
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. The details of this year's event were
not submitted in sufficient time for the Coast Guard to solicit public
comments before the start of the event. Thus, waiting for a notice and
comment period to run would inhibit the Coast Guard from protecting the
public and vessels from the hazards associated with 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
impracticable and contrary to the public interest for the same reasons
discussed in the preceding paragraph.
B. Basis and Purpose
On October 27, 2012, a pumpkin launching event will take place on
Lake Erie in which participants shoot pumpkins from an air cannon into
the lake in East Huron, OH. This event is known as the Wounded Warriors
Benefit. The Captain of the Port Detroit has determined that this
benefit is in close proximity to other watercraft and poses a
significant risk to public safety and property. Thus, the Captain of
the Port Detroit has determined it necessary to establish a safety zone
to control vessel movement around the location of the launch platform
which will help ensure the safety of persons and property at these
events and help minimize the associated risks.
C. Discussion of Proposed Rule
As suggested above, this rule is intended to ensure safety of the
public and vessels during the Wounded Warriors Benefit. This rule will
be effective from 10:00 a.m. on October 27, 2012 until 7:00 p.m. on
October 28, 2012, and enforced from 10:00 a.m. until 7:00 p.m. on
October 27, 2012; in the event of inclement weather, the zone will be
enforced from 10:00 a.m. until 7:00 p.m. on October 28, 2012. The
safety zone will encompass all waters of Lake Erie within a 2500 ft
radius of the pumpkin launching site located at position 41[deg] 23'
6.7194'' N, -82[deg] 27' 46.6812'' W. All geographic coordinates are
North American Datum of 1983 (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated on scene representative. The on-scene representative may be
present on any Coast Guard, state or local law enforcement, or sponsor
provided vessel assigned to patrol the event. The Captain of the Port
or his designated on-scene representative may be contacted via VHF
Channel 16.
C. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
[[Page 62441]]
based on these statutes or 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. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). 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 will be relatively small and exist for a relatively short
time. Thus, restrictions on vessel movement within that particular area
are expected to be minimal. Under certain conditions, moreover, vessels
may still transit through the area when permitted by the Captain of the
Port.
2. Impact on Small Entities
Under 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 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 may be
small entities: The owners or operators of vessels intending to transit
or anchor in the portion of Lake Erie discussed above during the
enforcement of the safety zone established herein.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be enforced for approximately nine hours on either October 27
or 28, 2012.
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 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 calls for no 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
INTFORMATION 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 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
[[Page 62442]]
Instruction. An environmental analysis checklist supporting this
determination and a 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 rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping 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. Add Sec. 165.T09-0889 to read as follows:
Sec. 165.T09-0889 Safety Zone; Wounded Warriors Benefit, East Huron,
OH.
(a) Location. The following area is designated a safety zone: all
waters of Lake Erie within a 2500 ft radius of the pumpkin launch site
located at position 41[deg] 23' 6.7194'' N, -82[deg] 27' 46.6812'' W.
All geographic coordinates are North American Datum of 1983 (NAD 83).
(b) Effective and Enforcement Period. This safety zone is closed to
all vessel traffic and will be effective from 10:00 a.m. on October 27,
2012 until 7:00 p.m. on October 28, 2012. The safety zone will be
enforced from 10:00 a.m. until 7:00 p.m. on October 27, 2012; in the
event of inclement weather, the safety zone will be enforced from 10:00
a.m. until 7:00 p.m. on October 28, 2012.
(c) Definitions. The following definitions apply to this section:
(1) ``On-scene Representative'' means any Coast Guard Commissioned,
warrant, or petty officer designated by the Captain of the Port Detroit
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) ``Public vessel'' means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated representative.
(2) This safety zone is closed to all vessel traffic, excepted as
may be permitted by the Captain of the Port Detroit or his designated
representative. All persons and vessels must comply with the
instructions of the Coast Guard Captain of the Port or his designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port
or his designated representative to enter, move within, or exit the
safety zone established in this section when this safety zone is
enforced. Vessels and persons granted permission to enter the safety
zone must obey all lawful orders or directions of the Captain of the
Port or a designated representative. While within a safety zone, all
vessels must operate at the minimum speed necessary to maintain a safe
course.
(e) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Detroit or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
(g) Notification. The Captain of the Port Detroit will notify the
public that the safety zones in this section are or will be enforced by
all appropriate means to the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include, but are
not limited to Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will issue a Broadcast Notice to
Mariners notifying the public when enforcement of the safety zone is
cancelled.
Dated: September 28, 2012.
J. E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port, Sector Detroit.
[FR Doc. 2012-25056 Filed 10-12-12; 8:45 am]
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