[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Proposed Rules]
[Pages 35787-35790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14119]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0730]
RIN 1625-AA00
Safety Zones; Revolution 3 Triathlon, Lake Erie, Sandusky Bay,
Cedar Point, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing two permanent safety
zones on Lake Erie near Sandusky, OH. This action is necessary to
provide for the safety of life and property on navigable waters and is
intended to restrict vessel traffic during the swim portion of the
Revolution 3 Triathlon, Lake Erie, Sandusky Bay, OH.
DATES: Comments and related materials must be received by the Coast
Guard on or before July 15, 2013.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0730 using any one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Fax: 202-493-2251.
Mail or Delivery: 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. Deliveries are
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LTJG Benjamin Nessia, Response Department, Marine
Safety Unit Toledo, Coast Guard; telephone (419) 418-6040, email
[email protected]. If you have questions on viewing or
submitting material to the docket, call Barbara Hairston, 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. Public Participation and Information
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, 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 (via
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 via
www.regulations.gov, it will be considered received by the Coast Guard
when the comment is successfully transmitted. A comment submitted via
fax, hand delivery, or mail, will be considered as having been 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 in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
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 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.
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, but you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
B. Regulatory History and Information
The Coast Guard published temporary final rules (TFRs) in the
Federal Register for this event on September 13, 2010 (75 FR 55477),
and September 8, 2011 (76 FR 55564). Because this event will recur
annually, the Captain of the Port Detroit is proposing to establish a
permanent safety zone and thus, alleviate the need to publish TFRs in
the future.
C. Basis and Purpose
Each year, the Revolution 3 Triathlon occurs at Cedar Point near
Sandusky, OH. This event occurs each year for two consecutive days
during the first or second week of September. During the first leg of
the event, participants enter the water and swim along a pre-determined
course. While the primary course is on the eastern side of Cedar Point,
an alternate location is on the western side of Cedar Point, in the
vicinity of the Cedar Point Marina. The likely combination of large
numbers of inexperienced recreational boaters,
[[Page 35788]]
possibly varying lake conditions and large number of swimmers in the
water could easily result in serious injuries or fatalities. The
Captain of the Port Detroit proposes to establish this permanent safety
to protect against such injuries and fatalities.
D. Discussion of Proposed Rule
As suggested above, this proposed regulation is intended to ensure
safety of the public and vessels during the Revolution 3 triathlon.
This proposed rule will become effective 30 days after the final rule
is published in the Federal Register. However, the safety zones will
only be enforced annually for two consecutive days during the first or
second week of September from 6:50 a.m. until 10 a.m., with exact dates
to be determined annually.
The proposed safety zones for the Revolution 3 Triathlon, Lake
Erie, Sandusky Bay, Cedar Point, OH, will encompass all waters of Lake
Erie, Sandusky Bay, Cedar Point, OH within the swim courses located at
position 41-29'-00.04'' N 082-40'-48.16'' W to 41-29'-19.28'' N 082-
40'-38.97'' W to 41-29'-02.51'' N 082-40'-20.82'' W to 41-28'-45.52'' N
082-40'-35.75'' W then following the shoreline to the point of origin.
These coordinates are North American Datum of 1983 (NAD 83). In the
event that weather requires changing locations an alternate race course
site will encompass all waters of Lake Erie, Sandusky Bay, Cedar Point,
OH extending outward 100 yards on either side of a line running between
41-28'-38.59'' N 082-41'-10.51'' W and 41-28'-17.25'' N 082-40'-54.09''
W running adjacent to the Cedar Point Marina. These coordinates are
North American Datum of 1983 (NAD 83).
The Captain of the Port Detroit will use all appropriate means to
notify the public when the safety zones in this proposal will be
enforced. Consistent with 33 CFR 165.7(a), such means of may include,
among other things, publication in the Federal Register, Broadcast
Notice to Mariners, Local Notice to Mariners, or, upon request, by
facsimile (fax). Also, the Captain of the Port will issue a Broadcast
Notice to Mariners notifying the public if enforcement these safety
zones in this section are cancelled prematurely.
Entry into, transiting, or anchoring within the proposed safety
zones during the period of enforcement is prohibited unless authorized
by the Captain of the Port Detroit, or his designated representative.
The Captain of the Port or his designated 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,
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 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 zones
established by this proposed rule will be relatively small and enforced
for relatively short time. Also, each safety zone is designed to
minimize its impact on navigable waters. Furthermore, each safety zone
has been designed to allow vessels to transit unrestricted to portions
of the waterways not affected by the safety zones. Thus, restrictions
on vessel movements within any particular area are expected to be
minimal. Under certain conditions, moreover, vessels may still transit
through each safety zone when permitted by the Captain of the Port. On
the whole, the Coast Guard expects insignificant adverse impact to
mariners from the activation of these safety zones.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in the above portions of Lake Erie
during the period that either of the proposed safety zones is being
enforced.
These proposed safety zones will not have a significant economic
impact on a substantial number of small entities for all of the reasons
discussed in the above Regulatory Planning and Review section. 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 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 so that they can better
evaluate its effects on them and participate in the rulemaking process.
If this proposed rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LTJG Benjamin
Nessia, Response Department, Marine Safety Unit Toledo, Coast Guard;
telephone (419)418-6040, email [email protected]. The Coast
Guard will not retaliate against small entities that question or
complain about this proposed rule or any policy or action of the Coast
Guard.
4. Collection of Information
This proposed rule would call 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 proposed 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
[[Page 35789]]
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.
7. Taking of Private Property
This proposed 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.
8. 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.
9. 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.
10. Indian Tribal Governments
This proposed 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.
11. Energy Effects
We have analyzed this proposed 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.
12. 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 procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
13. 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 which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves the establishment of safety zones and thus, is categorically
excluded under paragraph (34)(g) of the Instruction. A preliminary
environmental analysis checklist supporting this determination is
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; 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. 165.917 to read as follows:
Sec. 165.917 Safety Zones; Annual Swim Events in the Captain of the
Port Detroit Zone
(a) Location. The following locations are designated as safety
zones: All waters of Lake Erie within positions 41-29'-00.04'' N 082-
40'-48.16'' W to 41-29'-19.28'' N 082-40'-38.97'' W to 41-29'-02.51'' N
082-40'-20.82'' W to 41-28'-45.52'' N 082-40'-35.75'' W then following
the shoreline to the point of origin. In the event that weather
requires changing locations an alternate race course site will
encompass all waters of Lake Erie, Sandusky Bay, Cedar Point, OH
extending outward 100 yards on either side of a line running between
41-28'-38.59'' N 082-41'-10.51'' W and 41-28'-17.25'' N 082-40'-54.09''
W running adjacent to the Cedar Point Marina. These coordinates are
North American Datum of 1983 (NAD 83).
(b) Enforcement Period. These safety zones will be enforced two
consecutive mornings during the first or second week in September.
Exact dates and times will be determined annually and published
annually in the Federal Register via a Notice of Enforcement.
(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) These safety zones are 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
[[Page 35790]]
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: May 28, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-14119 Filed 6-13-13; 8:45 am]
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