[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Rules and Regulations]
[Pages 16675-16677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06705]
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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,
Sandusky, OH
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing two permanent safety zones on
Lake Erie near Sandusky, OH that will be enforced two consecutive
mornings annually during the first or second weekend in September. This
is intended to restrict vessel traffic during the swim portion of the
Revolution 3 Triathlon in Lake Erie and Sandusky Bay, Sandusky, OH, and
is necessary to protect participants, spectators, and vessels from the
hazards associated with a triathlon event.
DATES: This final rule is effective April 25, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0730. 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 MST1 Ian Fallon, Response Department, Marine Safety Unit
Toledo, Coast Guard; telephone (419)418-6046, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, 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 published two TFRs both entitled Safety Zones;
Revolution 3
[[Page 16676]]
Triathlon, Lake Erie, Sandusky Bay, Cedar Point, OH 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 decided to establish
permanent safety zones and thus, alleviate the need to publish TFRs in
the future.
On August 16, 2012, the Coast Guard published an NPRM entitled
Safety Zones; Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar
Point, OH in the Federal Register (77 FR 49401) and again on June 14,
2013, the Coast Guard published an NPRM with the same proposed
regulatory text (78 FR 35789). We did not receive any comments in
response to the proposed rule after either publication. No public
meeting was requested and none was held.
B. Basis and Purpose
Each year, the Revolution 3 Triathlon occurs at Cedar Point near
Sandusky, OH. This event occurs 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 predetermined 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 in the event of inclement weather.
The likely combination of large numbers of inexperienced recreational
boaters, possibly varying lake conditions and large number of swimmers
in the water could easily result in serious injuries or fatalities.
Thus, the Captain of the Port Detroit is establishing a permanent
safety zone in the vicinity of the primary and alternate swimming
courses to protect against injuries and fatalities.
C. Discussion of Comments, Changes and the Final Rule
As noted, we received no comments on the 2012 (77 FR 49401) or 2013
(78 FR 35789) NPRMs, and we didn't make any substantive changes from
the location or enforcement periods. We did, however, place these
safety zones in the existing 33 CFR 165.941, which has 59 other safety
zones for annual events in the Captain of the Port Detroit Zone,
instead of creating a separate Sec. 165.917.
As suggested above, the safety zones created by this rule are
intended to ensure the safety of participants and of the public and
vessels during the Revolution 3 Triathlon. These safety zones will be
enforced annually on two consecutive days during the first or second
weekend of September. On each day, it is expected that these safety
zones will be enforced from 6:50 a.m. until 10 a.m. The exact dates and
times of enforcement, however, will be determined annually and the
Captain of the Port will issue a Notice of Enforcement to notify the
public.
The safety zone created by this rule for the primary race course
encompasses all waters of Lake Erie, Sandusky Bay, Cedar Point, OH
within a line starting 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, and 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 triathlon
organizers to change the locations of the swimming leg, the alternate
race course safety zone 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 established by this rule will
be enforced. Such means will include a notice of enforcement published
annually in the Federal Register, and consistent with 33 CFR 165.7(a),
may include, among other things, 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 the enforcement of these safety zones in this section is
cancelled prematurely.
Entry into, transiting, or anchoring within these 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.
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 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 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 safety zones
established by this rule will be relatively small and enforced for
relatively short time. Also, each safety zone is designed to minimize
its impact on navigable waters. 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.
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 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
would 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 and operators of vessels intending to
transit or anchor in the above portions of Lake Erie during the period
that either of the safety zones is being enforced.
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 so that they can better evaluate
its effects on them and participate in the rulemaking process. 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
[[Page 16677]]
listed in 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 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. 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 would 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 would not create an
environmental risk to health or risk to safety that might
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 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 involves the establishment
of safety zones and thus, is categorically excluded under paragraph
(34)(g) of the Instruction. An 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
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 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. Amend Sec. 165.941 by adding paragraph (a)(60) to read as follows:
Sec. 165.941 Safety Zones; Annual Events in the Captain of the Port
Detroit Zone.
(a) * * *
(60) Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar Point,
OH--
(i) Locations. 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 triathlon organizers to change the locations of
the swimming leg, the safety zones will alternatively 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 (NAD 83)
running adjacent to the Cedar Point Marina.
(ii) Enforcement period: Two consecutive mornings during the first
or second weekend in September. Exact dates and times will be
determined annually and the Captain of the Port will publish a Notice
of Enforcement to inform the public.
* * * * *
Dated: January 22, 2014.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2014-06705 Filed 3-25-14; 8:45 am]
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