[Federal Register Volume 75, Number 176 (Monday, September 13, 2010)]
[Rules and Regulations]
[Pages 55477-55479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22771]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0791]
RIN 1625-AA00
Safety Zone; Revolution 3 Triathlon, Lake Erie & Sandusky Bay,
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 and Sandusky Bay near Cedar Point, Ohio. The safety zone is
intended to restrict vessels from portions of the Lake Erie during the
Revolution 3 Cedar Point Triathlon. The temporary safety zone is
necessary to protect participants of the swim portion of the triathlon
race from potential hazards from vessels operating in the area.
DATES: This rule is effective from 6:30 a.m. through 9:30 a.m. on
September 12, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0791 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0791 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, contact or e-mail MSTC Benjamin Wagner, Response
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419)
418-6008, [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 an agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 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 publishing an NPRM is impractical as
the Coast Guard did not receive notification of the final details of
this event in sufficient time to issue an NPRM without delaying this
rulemaking. A delay or cancellation of the event in order to allow for
a notice and comment period is contrary to the public interest because
of the hazards associated with vessel operation in close proximity to
swimming participants. For the same reasons 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.
In addition, to the reasons stated above, this rule is intended to
ensure the safety of the event participants, spectators, and other
waterway users; thus any delay in the rule's effective date is
impractical.
Background and Purpose
The temporary safety zone is necessary to ensure the safety of
participants of the swim portion of a triathlon race as well as the
safety of mariners operating in the vicinity of the triathlon.
Establishing this temporary safety zone to control vessel movement
around the location of the triathlon swim event will help ensure the
safety of persons and property at the event and help minimize any
potential risks associated with the event.
Discussion of Rule
The Coast Guard is establishing a temporary safety zone. The safety
zone will be enforced from 6:30 a.m. through 9:30 a.m. on September 12,
2010. This safety zone will encompass all waters of Lake Erie within
the geographic area bounded by the following coordinates: starting at
position 41[deg]29'06'' N, 082[deg]40'56'' W; then extending northeast
to position 41[deg]29'37'' N, 082[deg]40'14'' W; then extending
southeast to position 41[deg]29'14'' N, 082[deg]39'52'' W; then
extending southwest to position
[[Page 55478]]
41[deg]28'46'' N, 082[deg]40'38'' W; then returning to the starting
position.
In the event of inclement weather, an alternate safety zone area
will be utilized with the date and times remaining the same. The
alternate location within Sandusky Bay will encompass all waters of the
Sandusky Bay within the geographic area bounded by the following
coordinates: starting at position 41[deg]28'22'' N, 082[deg]40'44'' W;
then extending northwest to position 41[deg]28'45'' N, 082[deg]41'11''
W; then extending southeast to position 41[deg]28'12'' N,
082[deg]41'06'' W; then returning to the starting position.
All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port Detroit, or designated 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 Detroit, or designated 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, 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. We expect the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
This determination is based on the minimal time that vessels will
be restricted from the zone and because the zone is in an area where
the Coast Guard expects minimal adverse impact to mariners from the
zone's activation.
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 may be
small entities: The owners or operators of vessels intending to transit
or anchor in the applicable portions of the Lake Erie or Sandusky Bay
near Cedar Point, OH identified below between 6:30 a.m. and 9:30 a.m.
on September 12, 2010.
The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
affected portions of Lake Erie and Sandusky Bay do not experience heavy
vessel traffic on a regular basis. Any vessels that wish to utilize
these waterways can be scheduled around the event. The safety zone will
only be in effect during the morning of September 12, 2010 and will not
substantially limit vessels intending to utilize the affected
waterways. In the event that the temporary safety zone affects
shipping, commercial vessels may request permission from the Captain of
the Port Detroit, or designated on-scene representative 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 Captain of the Port Detroi, or on-scene
representative will suspend enforcement of the safety zone if the event
for which the zone is established ends earlier than the expected time.
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 could 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 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will 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.
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.
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.
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.
[[Page 55479]]
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.
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
safety zone and is therefore categorically excluded under paragraph
34(g) of the Instruction.
A final 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.
0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6; 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add temporary Sec. 165.T09-0791 is as follows:
Sec. 165.T09-0791 Safety Zone; Revolution 3 Cedar Point Triathlon,
Lake Erie & Sandusky Bay, Cedar Point, OH.
(a) Location. The following area is a safety zone:
(1) Primary Safety Zone; Lake Erie. All waters of Lake Erie within
the geographic area bounded by the following coordinates: Starting at
position 41[deg]29'06'' N, 082[deg]40'56'' W; then extending northeast
to position 41[deg]29'37'' N, 082[deg]40'14'' W; then extending
southeast to position 41[deg]29'14'' N, 082[deg]39'52'' W; then
extending southwest to position 41[deg]28'46'' N, 082[deg]40'38'' W;
then returning to the starting position. [DATUM: NAD 83].
(2) Alternate Safety Zone; Sandusky Bay. All waters of the Sandusky
Bay within the geographic area bounded by the following coordinates:
Starting at position 41[deg]28'22'' N, 082[deg]40'44'' W; then
extending northwest to position 41[deg]28'45'' N, 082[deg]41'11'' W;
then extending southeast to position 41[deg]28'12'' N, 082[deg]41'06''
W; then returning to the starting position. [DATUM: NAD 83].
(b) Effective Period. This regulation is effective from 6:30 a.m.
through 9:30 a.m. on September 12, 2010. This regulation will be
enforced as follows:
(1) On September 12, 2010 from 6:30 a.m. to 9:30 a.m., the safety
zone listed in paragraph (a)(1) of this section will be enforced. In
the event of inclement weather, the alternate safety zone listed in
paragraph (a)(2) of this section will be enforced.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting or anchoring within the safety zones
is prohibited unless authorized by the Captain of the Port Detroit, or
designated on-scene representative.
(2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit, or 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 Detroit to act on his or
her behalf. The designated on-scene representative or 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 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 designated 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
designated on-scene representative.
Dated: August 26, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2010-22771 Filed 9-10-10; 8:45 am]
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