[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50923-50926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20190]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0072]
RIN 1625-AA00


Safety Zone; Jet Express Triathlon, Sandusky Bay, Lake Erie, 
Lakeside, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
waters of Lake Erie in the vicinity of East Harbor State Park, OH, from 
8:00 a.m. until 10:00 a.m. on September 9, 2012. This safety zone is 
intended to restrict vessels from portions of Lake Erie during the Jet 
Express Triathlon.

[[Page 50924]]

This safety zone is necessary to protect participants, spectators and 
vessels from the hazards associated with triathlon event.

DATES: This final rule is effective from 8:00 a.m. until 10:00 a.m. on 
September 9, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-0072. To view documents mentioned in this preamble as being 
available in the docket, go 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 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 Renee V. Wright, 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. Regulatory History and Information

    On April 26, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones: Jet Express Triathlon, Sandusky Bay, Lake 
Erie, Lakeside, OH in the Federal Register (77 FR 24880). We did not 
receive any comments in response to the proposed rule. No public 
meeting was requested and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard is issuing this temporary 
final rule less than 30 days after its publication in the Federal 
Register. Under 5 U.S.C. 553(d)(3), an agency may issue a rule less 
than 30 days before its effective date when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Accordingly, the Coast Guard finds 
that good cause exists for publishing this temporary final rule less 
than 30 days before its effective date because delaying the effective 
date of this temporary final rule would prevent its enforcement on the 
scheduled night of the event and thus, would preclude the Coast Guard 
from protecting spectators and vessels from the hazards associated with 
a maritime fireworks display.

B. Basis and Purpose

    The organization Endurance Sports Productions is sponsoring a 
triathlon: A bike, swim and run event. The swim portion of the event 
will take place in Lake Erie. The participants will begin by jumping 
off the ferry boat JET EXPRESS II at the designated position, then swim 
to the dedicated position on shore. This swim portion will take place 
on September 9, 2012 at approximately 8:00 a.m. and will last about an 
hour. The Captain of the Port Detroit has determined that the swim 
portion of the event will pose certain public hazards. Such hazards 
include obstructions to the waterway that may cause marine casualties 
and vessels colliding with swimmers that may cause death or serious 
bodily harm. With aforementioned hazards in mind, the Captain of the 
Port Detroit has determined that a temporary safety zone is necessary 
to ensure the safety of participants and vessels during the practice, 
the half triathlon, and the triathlon events.

C. Discussion of Comments, Changes and the Final Rule

    As mentioned above, no comments were received during the public 
comment period, and as such, no changes to the text of the rule were 
made.
    The temporary safety zone established herein will be effective and 
enforced from 8:00 a.m. until 10:00 a.m. on September 9, 2012. The 
safety zone will encompass all waters of Lake Erie within a direct line 
from 41[deg]33'49'' N, 082[deg]47'8'' W to 41[deg]33'25'' N, 
82[deg]48'8'' W and 15 yards on either side of direct line. 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 designated on scene patrol 
personnel. 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 
designated on scene 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 13 of 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 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 its impact on navigable waters. Furthermore, the safety zone 
has been designed to allow vessels to transit around it. Thus, 
restrictions on vessel movement within that particular area are 
expected to be minimal. Under certain conditions, moreover, vessels may 
still transit through the safety zone when permitted by the Captain of 
the Port.

2. 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 received no comments from the Small Business 
Administration on this rule. 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 would 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 the Sandusky Bay of Lake Erie near 
Lakeside, OH between

[[Page 50925]]

8:00 a.m. and 10 a.m. on September 9, 2012.
    This 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 only approximately two hours. Also, 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. Additionally, the Coast Guard will 
give advanced notice to the public via a local Broadcast Notice to 
Mariners that the regulation is in effect. Moreover, the COTP will 
suspend enforcement of the safety zone if the event for which the zone 
is established ends earlier than the expected time.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking. 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 ENS 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 
rule or any policy or action of the Coast Guard.

4. Collection of Information

    This 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 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 
INTFORMATION 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 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.

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

    We have analyzed this 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.

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 that do not individually or cumulatively have a significant 
effect on the human environment. A final environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under ADDRESSES. This rule involves the establishment 
of a safety zone and thus, paragraph (34)(g) of the Instruction 
applies. 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. Add Sec.  165.T09-0072 as follows:

[[Page 50926]]

Sec.  165.T09-0072  Safety Zone; Jet Express Triathlon, Sandusky Bay, 
Lake Erie, Lakeside, OH.

    (a) Location. The following area is a temporary safety zone: all 
waters of Lake Erie within a direct line from 41[deg]33'49''N, 
082[deg]47'8''W to 41[deg]33'25''N, 82[deg]48'8''W and 15 yards on 
either side of the direct line. 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 8:00 a.m. until 10:00 a.m. on September 9, 
2012.
    (c) 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 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 
Detroit 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 Detroit will be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The 
Captain of the Port Detroit or his designated on scene representative 
may be contacted 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 Detroit or his on-scene representative.

    Dated: August 6, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-20190 Filed 8-22-12; 8:45 am]
BILLING CODE 9110-04-P