[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53675-53677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21176]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2013-0546]
RIN 1625-AA00
Safety Zone; Lake Erie Heritage Foundation, Battle of Lake Erie
Reenactment; Lake Erie, Put-in-Bay, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
waters of Lake Erie in the vicinity of Put-In-Bay, OH. This safety zone
is intended to restrict vessels from a portion of Lake Erie during
Battle of Lake Erie Reenactment near Put-In-Bay. This temporary safety
zone is necessary to protect people and vessels from the hazards
associated with this event.
DATES: This rule will be effective and enforced from 8 a.m. until 6
p.m. on September 2, 2013.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0546 and are available online
by going to www.regulations.gov, inserting USCG-2013-0546 in the
``Keyword'' box, and then clicking ``search.'' They are also available
for inspection or copying at the 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, 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 final rule, contact or email MST1 Ian M. Fallon, U.S. Coast
Guard Marine Safety Unit Toledo, at (419) 418-6036 or
[email protected]. If you have questions on viewing 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
TFR Temporary Final Rule
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 emergent event
were not received in sufficient time for the Coast Guard to solicit
public comments before the start of the maritime event. Thus, waiting
for a notice and comment period to run
[[Page 53676]]
would inhibit the Coast Guard from protecting the public and vessels
from the hazards associated with this marine event.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.
B. Basis and Purpose
To mitigate the dangers presented by this event, the Captain of the
Port Detroit has determined that a safety zone is necessary. This
safety zone will be effective and enforced in Lake Erie on Monday,
September 2, 2013 from 8 a.m. until 6 p.m. while participants sail tall
ships to the site of the Battle of Lake Erie Reenactment at position
41[deg]45'24.0'' N; 082[deg] 57'45.0'' W. These coordinates are North
American Datum of 1983 (NAD 83). Black powder charges will be fired
from cannons as the ships reenact the original battle fought in 1813.
This reenactment is intended for public viewing, and as such poses a
significant risk to public safety and property due to the proximity of
spectator vessels. Thus, the Captain of the Port Detroit has determined
it necessary to establish a safety zone centered on the battle
reenactment support vessels to ensure the safety of persons and
property and help minimize the associated risks.
C. Discussion of Rule
Because of the aforementioned safety concerns, the Captain of the
Port Detroit has determined a temporary safety zone is necessary to
ensure the safety of spectators and vessels during the maritime battle
reenactment. The Battle of Lake Erie Reenactment safety zone will
encompass all U.S. navigable waters of Lake Erie within a 500-yard
radius of the reenactment support vessels located near position 41[deg]
45'24.0'' N; 082[deg]57'45.0'' W (NAD 83).
This temporary rule creates a safety zone for each Battle of Lake
Erie Reenactment support vessel. In a separate temporary rule (78 FR
44014, July 23, 2013), the Coast Guard created a safety zone around
each Tall Ship during the Battle of Lake Erie Reenactment.
Entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated on-scene representative. The Captain of the Port or his on-
scene representative may be contacted via VHF Channel 16. All persons
and vessels shall comply with the instructions of the Coast Guard
Captain of the Port or the on-scene representative.
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, 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 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 created by
this rule will be relatively small and enforced for relatively short
time. Also, the safety zone is designed to minimize their impact on
navigable waters. Furthermore, restrictions on vessel movement within
the area of the safety zone expected to be minimal. Under certain
conditions, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
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 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 designated portions of Lake Erie, OH from 8 a.m.
through 6 p.m. on September 2, 2013.
The 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 activated, and thus subject to enforcement, for
only a short period of time. 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 activation of the
zone, the Coast Guard will issue a Broadcast Notice to Mariners.
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 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 rule under that Order and determined
that this rule does not have implications for federalism.
[[Page 53677]]
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 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 the 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 temporary safety
zone that is less than one week in duration. Therefore, it is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. Nonetheless, we have prepared
an environmnental analysis checklist supporting this determination and
Categorical Exclusion Determination which are both 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. Chapter 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.T09-0546 to read as follows:
Sec. 165.T09-0546 Safety Zone; Lake Erie Heritage Foundation, Battle
of Lake Erie Reenactment; Lake Erie, Put-in-Bay, OH.
(a) Location. The following area is a temporary safety zone: All
U.S. navigable waters of Lake Erie within a 500-yard radius of each
Battle of Lake Erie Reenactment support vessel located near position
41[deg]45'24'' N, 082[deg]57'45'' W. All coordinates are North American
Datum 1983 (NAD83).
(b) Effective and enforcement period. This section will be
effective and enforced from 8 a.m. through 6 p.m. on September 2, 2013.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within these safety zone is prohibited unless authorized by the Captain
of the Port, Sector Detroit or his designated on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Detroit or his
designated on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant or petty
officer or a Federal, State, or local law enforcement officer
designated by or assisting the Captain of the Port, Sector Detroit to
act on his behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Detroit or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Sector Detroit or his on-scene representative may be contacted
via VHF Channel 16 or at 313-568-9464. 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, Sector Detroit, or
his on-scene representative.
Dated: August 15, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-21176 Filed 8-29-13; 8:45 am]
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