[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]
BILLING CODE 9110-04-P