[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Proposed Rules]
[Pages 33130-33132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13519]


=======================================================================
-----------------------------------------------------------------------

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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a permanent Special 
Local Regulation on Lake Erie, Lakeside, Ohio. 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: Comments and related materials must be received by the Coast 
Guard on or before July 5, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0386 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: 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.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email ENS Benjamin Nessia, Response Department, MSU 
Toledo, Coast Guard; telephone (419) 418-6040, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0386), 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, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu, select 
``Proposed Rule'' and insert ``USCG-2012-0386'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. 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.

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, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0386'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of

[[Page 33131]]

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).

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.

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.

Discussion of Proposed Rule

    To alleviate the extra and unusual hazards mentioned above, the 
Captain of the Port Detroit has determined that it is necessary to 
establish a Special Local Regulation. Accordingly, this proposed rule 
is intended to permanently establish a Special Local Regulation that 
coincides with the annual Kelley's Island Swim. The proposed Special 
Local Regulation will only be enforced annually on a single day in the 
second or third week in July from approximately 7:00 a.m. until 11:00 
a.m. Due to the presence of swimmers in the water between Lakeside, OH 
and Kelley's Island, OH, the Coast Guard proposes that all vessels 
transiting the swim route shall proceed at a no-wake speed and maintain 
extra vigilance for people in the water. In addition, it is proposed 
that all vessels in the area yield right-of-way to swimmers and event 
safety craft. On-scene representatives may direct vessels to transit 
within or avoid certain areas during the race.
    This proposed Special Local Regulation will encompass all navigable 
waters of the United States on Lake Erie, Lakeside 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. The Captain of the Port will 
notify the affected segments of the public of the enforcement of this 
proposed Special Local Regulation by all appropriate means. Means of 
notification will include an annual publication of a Notice of 
Enforcement (NOE) in the Federal Register. Also, means of notification 
may include Broadcast Notice to Mariners and Local Notice to Mariners.

Regulatory Analyses

    We developed this proposed 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 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 proposed 
Special Local Regulation will cover a relatively small area and exist 
for a relatively short time, and vessels will still be permitted to 
travel through the area, albeit with caution and reduced speed. Thus, 
restrictions on vessel movement within that particular area are 
expected to be minimal.

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 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 portion Lake Erie, Lakeside, OH 
discussed above during the date and time of enforcement in the second 
or third week in July each year.
    This proposed Special Local Regulation will not have a significant 
economic impact on a substantial number of small entities for the same 
reasons discussed in 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.

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 ENS Benjamin 
Nessia, Response Department, MSU 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.

Collection of Information

    This proposed 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 proposed rule 
under that Order and

[[Page 33132]]

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

Taking of Private Property

    This proposed 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 proposed rule will meet 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.

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 
will not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it will 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.

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.

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.

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 that do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
involves the establishment of a Special Local Regulation and is 
therefore categorically excluded under figure 2-1, paragraph (34)(h), 
of the Instruction. During the annual permitting process for this 
swimming event an environmental analysis will be conducted to include 
the effects of this proposed Special Local Regulation. Thus, no 
preliminary environmental analysis checklist or Categorical Exclusion 
Determination (CED) are required for this proposed rulemaking action. 
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 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR Part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.921 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, 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).
    (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 on a single day in the second or third week in July 
from 7:00 a.m. until 11:00 a.m. The precise date and times of 
enforcement will be published annually in the Federal Register via a 
Notice of Enforcement.

    Dated: May 18, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-13519 Filed 6-4-12; 8:45 am]
BILLING CODE 9110-04-P