[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55564-55566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22995]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0775]
RIN 1625-AA00


Safety Zone; Revolution 3 Triathlon, Sandusky Bay, Lake Erie, 
Cedar Point, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie, Cedar Point, Sandusky, OH. This zone is intended to restrict 
vessels from a portion of Lake Erie during the Revolution 3 Triathlon. 
This temporary safety zone is necessary to protect participants, 
spectators and vessels from the hazards associated with a triathlon 
event.

DATES: This rule is effective from 6 to 11 a.m. on September 11, 2011.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2011-0775 and are available online 
by going to http://www.regulations.gov, inserting USCG-2011-0775 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 rule, call or e-mail the Marine Events Coordinator, LTJG Cory 
Hoffman, Marine Safety Unit, Toledo, 402 Madison Avenue Suite 700, 
Toledo, OH 43604; (419) 418-6050, e-mail [email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory 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 permit application for this year's 
event was not received 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's 
ability to protect the public and vessels from the hazards associated 
with a swimming event in a navigable water.
    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 the same 
reasons discussed in the preceding paragraph.

Background and Purpose

    The Revolution 3 Triathlon will occur between 6 a.m. and 11 a.m. on 
September 11, 2011. Scores of swimmers are expected to participate in 
this triathlon. The Captain of the Port Detroit has determined that 
swimming events present a significant risk to public safety. The likely 
combination of participants and motor vessels in the open waters of 
Sandusky Bay, Lake Erie presents a high risk of serious injuries or 
fatalities.

Discussion of Rule

    With the above safety hazards in mind, the Captain of the Port 
Detroit has determined that a temporary safety zone is necessary to 
ensure the safety of participants during the Revolution 3 Triathlon. 
The safety zone will include the waters of Lake Erie within a line 
drawn from 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 of 
inclement weather, an alternate swim course will be used on the waters 
of

[[Page 55565]]

Sandusky Bay within a line drawn from 41-28-22 N, 082-40-44 W to 41-28-
38.59 N, 082-41-10.51 W and extending to 41-28-17.25 N, 082-40-54.09 W. 
For either course, the safety zone will occur from 6 to 11 a.m. on 
September 11, 2011. All geographic coordinates are North American Datum 
of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port or the on-scene representative. 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 Captain of the Port or his on-scene 
representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

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 that 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 during 
the short time this zone will be in effect, 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 or legal policy issue. The safety zone will be 
enforced for a relatively short amount of time, and vessels may still 
pass through the zone with permission of the Captain of the Port 
Detroit.

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 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 near Cedar Point, OH; or in 
case of inclement weather, the owners or operators of vessels intending 
to transit or anchor in the above portion of Sandusky Bay between 6 and 
11 a.m. on September 11, 2011. The safety zone 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 5 hours 
during the event. In the event that this temporary safety zone affects 
shipping, commercial vessels may request permission from the Captain of 
the Port Detroit to transit through the safety zone. The Coast Guard 
will give notice to the public via a Broadcast Notice to Mariners that 
the regulation is in effect. Additionally, the COTP will suspend 
enforcement of the safety zone if the event for which the zone is 
established ends earlier than the time expected.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.
    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.

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).

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.

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.

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.

Civil Justice Reform

    This rule meets applicable standards in section 3(a) and 3(b)(2) of 
Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

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.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That

[[Page 55566]]

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.

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
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)(g), of the Instruction. This rule involves the establishment of a 
temporary safety zone, ships can safely pass around the zone, and the 
zone will be enforced for only five hours. Therefore this rule is 
categorically excluded under paragraph 34(g) of the Instruction.
    An environmental analysis check list and categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

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. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T09-0775 to read as follows:


Sec.  165.T09-0775  Safety Zone; Revolution 3, Sandusky Bay, Lake Erie, 
Cedar Point, OH.

    (a) Location. The following area is a temporary safety zone: All 
waters of Lake Erie within 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. In the event of inclement weather, the following 
alternate area is a temporary safety zone: All waters of Sandusky Bay 
within 41-28-22 N, 082-40-44 W to 41-28-38.59 N, 082-41-10.51 W to 41-
28-17.25 N, 082-40-54.09 W. All geographic coordinates are North 
American Datum of 1983 (NAD 83).
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced from 6:00 a.m. through 11:00 a.m. on September 11, 
2011.
    (c) Regulations.
    (1) In accordance with the general regulations in section 165.23 of 
this part, 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.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on scene representative may be contact via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Detroit or his on-scene 
representative to obtain permission to do so. 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 or his on-scene 
representative.

    Dated: August 29, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-22995 Filed 9-7-11; 8:45 am]
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