[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71531-71533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29134]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0386]
RIN 1625-AA08
Special Local Regulation; Kelley's Island Swim, Lake Erie;
Kelley's Island, Lakeside, OH
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending its regulations in 33 CFR part 100
by adding a Special Local Regulation within the Captain of the Port
Detroit Zone. This regulation is intended to regulate vessel movement
in portions of Lake Erie during the annual Kelley's Island Swim. This
special local regulated area is necessary to protect swimmers from
vessel traffic.
DATES: This final rule is effective January 2, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
number USCG-2012-0386. To view documents mentioned in this preamble as
being available in the docket, go to 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, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Benjamin Nessia, Response Department, Marine Safety
Unit Toledo, Coast Guard; telephone (419) 418-6040, email
Benjamin.B.Nessia@uscg.mil. If you have questions on viewing material
to 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
TFR Temporary Final Rule
A. Regulatory History and Information
On June 5, 2012, the Coast Guard published an NPRM entitled Special
Local Regulation; Kelley's Island Swim, Lake Erie; Kelley's Island,
Lakeside, OH in the Federal Register (77 FR 33130). We did not receive
any comments in response to the proposed rule. No public meeting was
requested and none was held.
B. Basis and Purpose
Each year an organized swimming event takes place in Lake Erie in
which individuals swim the four miles between Lakeside and Kelley's
Island, OH. The Captain of the Port Detroit has determined that
swimmers in close proximity to watercraft and in the shipping channel
pose extra and unusual hazards to public safety and property. Thus, the
Captain of the Port Detroit has determined that establishing a Special
Local Regulation around the location of the race's course will help
ensure the safety of persons and property at these events and help
minimize the associated risks.
C. Discussion of Comment, Changes and the Final Rule
To mitigate the dangers presented by a large number of swimmers
crossing a shipping channel during a four mile competition, the Captain
of the Port Detroit has determined that establishing a Special Local
Regulation is necessary. Thus, the Coast Guard is amending 33 CFR part
100 by adding Sec. 100.921 to establish a permanent Special Local
Regulation. The affected area encompasses all the waters of Lake Erie
between Lakeside, OH and Kelley's Island, OH bound by a line extending
from a point on land at the Lakeside dock at positions
41[deg]32'51.96'' N; 082[deg]45'3.15'' W and 41[deg]32'52.21'' N;
082[deg]45'2.19'' W and a line extending to Kelley's Island dock to
positions 41[deg]35'24.59'' N; 082[deg]42'16.61'' W and
41[deg]35'24.44'' N; 082[deg]42'16.04'' W (Datum: NAD 83). The precise
times and dates of enforcement for this regulated area will be
determined annually.
The Captain of the Port Detroit will use all appropriate means to
notify the public when the Special Local Regulation in this rule will
be enforced. Such means may include publication in the Federal
Register, Broadcast Notice to Mariners, Local Notice to Mariners, or,
upon request, by facsimilie (fax). Also, the Captain of the Port will
issue a Broadcast Notice to Mariners notifying the public if
enforcement of the affected area in this section is cancelled
prematurely.
No comments were received in response to and there are no changes
to the rule as proposed by the NPRM published June 5, 2012.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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, 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 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 regulated area
established by this rule will be relatively small and enforced for
relatively short time. Also, the regulated area is designed to minimize
its impact on navigable waters. Furthermore, this regulated area has
been designed to allow vessels to transit the area affected by this
regulation, provided vessel operators meet the requirements set forth
by this rule. Thus, restrictions on vessel movements within any
particular area are expected to be minimal. On the whole, the Coast
Guard expects insignificant adverse impact to mariners from the
activation of this regulated area.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a
[[Page 71532]]
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 may be
small entities: The owners or operators of vessels intending to transit
or anchor in the above portion of Lake Erie, Lakeside, OH between 7:00
a.m. and 11:00 a.m. on the dates of the event, which will be determined
annually. The special local regulation will not have a significant
economic impact on a substantial number of small entities for the
following reasons: This rule will be in effect for 4 hours on the day
of the event, and vessels wishing to transit through the affected area
may do so with caution. The Coast Guard will give notice to the public
via a local Notice to Mariners that the regulation is in effect.
Additionally, the COTP will suspend enforcement of the special local
regulation if the event for which the special local regulation is
established ends earlier than the time expected.
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 this 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.
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 State or local
governments and would either preempt State law or impose 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. This rule is categorically excluded,
under figure 2-1, paragraph (34)(h) of the Instruction and during the
annual permitting process for this dragon boat racing event an
environmental analysis will be conducted to include the effects of this
Special Local Regulation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.921 to read as follows:
Sec. 100.921 Special Local Regulation; Kelley's Island Swim, Lake
Erie, Lakeside, OH.
(a) Regulated area. The regulated area includes all U.S. navigable
waters of lake Erie, Lakeside, OH, contained by a line connecting the
following points: two points on land at the Lakeside dock,
41[deg]32'51.96'' N/082[deg]45'3.15'' W and 41[deg]32'52.21'' N/
082[deg]45'2.19'' W, and two points on Kelley's Island at the Kelley's
Island Dock, 41[deg]35'24.59'' N/082[deg]42'16.61'' W, and
41[deg]35'24.44'' N/082[deg]42'16.04'' W (Datum: NAD 83).
[[Page 71533]]
(b) Special Local Regulations. The regulations of Sec. 100.901
apply. Vessels transiting within the regulated area shall travel at a
no-wake speed and remain vigilant for swimmers. Additionally, vessels
shall yield right-of-way for event participants and event safety craft
and shall follow directions given by event representatives during the
event.
(c) Enforcement period. These Special Local Regulations will be
enforced annually. The exact enforcement date and times will be
published annually in the Federal Register via a Notice of Enforcement.
Dated: November 19, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-29134 Filed 11-30-12; 8:45 am]
BILLING CODE 9110-04-P