Special Local Regulation; Kelley's Island Swim, Lake Erie; Kelley's Island, Lakeside, OH, 30884-30887 [2011-13181]
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30884
Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Proposed Rules
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
• Can the process of determining
appropriate transportation and washing
deductions or allowances be simplified?
If so, how?
• Should ONRR allow bundled
charges for coal transportation or
washing?
• Should ONRR set standard cents
per ton allowance amounts for washing
and transportation in lieu of calculating
actual costs? If so, how should such
fixed allowances be determined; and
when, and under what circumstances,
should they be changed?
• Is coal washing an operation
necessary to put coal into marketable
condition for which no allowance
should be permitted?
• Should transportation allowances
be based on yearly averages from one
region to another?
• Should the coal transportation and
washing allowances be limited to a
maximum percentage in a manner
similar to gas transportation and
processing allowances? Current coal
valuation regulations provide that under
no circumstances will the authorized
washing allowance and transportation
allowance reduce the value for royalty
purposes to zero (30 CFR 1206.261(b)
and 1206.460(b)). Gas transportation
allowances may not exceed 50 percent
of the value of the unprocessed gas,
residue gas, or gas plant product,
without prior written approval from
ONRR (30 CFR 1206.156(c) and
1206.177(c)). The gas processing
allowance deduction on the basis of an
individual product may not exceed
662⁄3 percent of the value of each gas
plant product, reduced first for any
transportation allowances related to
post-processing transportation (30 CFR
1206.158(c)(2) and 1206.179(c)). If coal
washing and transportation allowances
should be limited to a maximum
percentage of the initial value, what
would be an appropriate percentage?
D. Coal Cooperatives
Coal cooperatives are a small but
growing part of the coal industry. A coal
cooperative is owned by its member
power companies, and either mines coal
itself or through a subsidiary. A
cooperative provides its members with
a secure source of coal at below-market
prices that generally exclude a profit
component. Current valuation
regulations are not well suited to
determining the royalty value of coal
sold by cooperatives. We seek input on
the following questions:
• Should the royalty value of coal
sold by these cooperatives be
determined based on a different method
than is used for coal not sold by or
through cooperatives due to the unique
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aspects of these cooperatives? If so,
what method(s) would you propose?
• Please comment on the use of
production cost and return on
investment as a possible valuation
method.
DEPARTMENT OF HOMELAND
SECURITY
E. Other Issues
[USCG–2011–0247]
The existing ONRR regulations
contain only general provisions that
address in situ or surface gasification or
liquefaction (30 CFR 1206.264 and
1206.463). Under these provisions, a
lessee must propose a value, and ONRR
will issue a value determination. We
seek input on the following questions:
• Are there general valuation
methods that would be appropriate for
most or all in situ or surface gasification
or liquefaction operations? If so, please
describe them.
• What other new production
methods is industry developing that are
likely to be economically viable and
used in the near- to medium-term
future?
• Are there any new marketing
methods for coal of which ONRR should
be aware?
In the interest of possible
simplification, ONRR is interested in
receiving comments regarding the
continued separation of Federal and
Indian coal valuation regulations. We
seek input on the following questions:
• Should the Federal and Indian
regulations be combined?
• Should the Indian coal valuation
regulations be modified to eliminate the
approval and form-filing requirements
for washing and transportation
allowances in the current regulations at
30 CFR 1206.458(a) and 1206.461(a)?
The ONRR is also interested in
receiving comments on any other
alternative coal valuation
methodologies. If you propose a
methodology different from those
discussed above, please use our
example criteria and explain why you
believe your methodology is the best
alternative. In addition, ONRR requests
input on how the various methodologies
would affect industry business
practices, bookkeeping, etc.
Dated: May 23, 2011.
Rhea Suh,
Assistant Secretary for Policy, Management
and Budget.
[FR Doc. 2011–13284 Filed 5–26–11; 8:45 am]
BILLING CODE 4310–MR–P
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Coast Guard
33 CFR Part 100
RIN 1625–AA08
Special Local Regulation; Kelley’s
Island Swim, Lake Erie; Kelley’s Island,
Lakeside, OH
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes
establishing a permanent Special Local
Regulation on Lake Erie, Lakeside, Ohio.
This regulation is intended to restrict
vessels from portions of Lake Erie
during the annual Kelley’s Island Swim,
which takes place in the second half of
July. This special local regulated area is
necessary to protect swimmers from
vessel traffic.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 16, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0247 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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.
SUMMARY:
If
you have questions on this proposed
rule, call or e-mail BM1 Tracy Girard,
Response Department, MSU Toledo,
Coast Guard; telephone (419) 418–6036,
e-mail Tracy.M.Girard@uscg.mil. 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:
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Proposed Rules
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 https://
www.regulations.gov and will include
any personal information you have
provided.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–0247),
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 https://
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 https://
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 e-mail 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
https://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–2011–0247’’ 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 81⁄2 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
https://www.regulations.gov, click on the
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‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
0247’’ 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
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 Kelleys 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. 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
This proposed rule is intended to
ensure safety of the public and vessels
during the annual Kelley’s Island Swim.
This proposed rule will become
effective 30 days after the final rule is
published in the Federal Register and
will remain permanently effective.
However, the proposed Special Local
Regulation will only be enforced
annually on the second or third week in
July from 7 a.m. until 11 a.m. Vessels
seeking to transit through the area of the
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race should contact the Captain of the
Port or his or her on-scene
representative. The on-scene
representative may be present on any
Coast Guard, state or local law
enforcement, or sponsor provided vessel
assigned to patrol the event. The onscene representatives may permit
vessels to transit the area when no race
activity is occurring.
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°32′51.96″ N;
082°45′3.15″ W and 41°32′52.21″ N;
082°45′2.19″ W and a line extending to
Kelley’s Island dock to positions
41°35′24.59″ N; 082°42′16.61″ W and
41°35′24.44″ N; 082°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 may
include publication of Notice of
Enforcement (NOE) in the Federal
Register, 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 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 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 Special
Local Regulation will be relatively small
and exist for a relatively short time.
Thus, restrictions on vessel movement
within that particular area are expected
to be minimal. Under certain
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conditions, moreover, vessels may still
transit through the area when permitted
by the Captain of the Port.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
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 or
operators of vessels intending to transit
or anchor in the portion Lake Erie,
Lakeside, OH discussed above between
7 a.m. and 11 a.m. on 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
following reasons: This proposed rule,
while permanent, will only be enforced
for approximately 4 hours each year on
the day of the swimming event.
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.
If the rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact BM1 Tracy
Girard, Response Department, MSU
Toledo, Coast Guard; telephone (419)
418–6036, e-mail
Tracy.m.girard@uscg.mil. 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.
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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).
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.
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
have determined that it does not have
implications for federalism.
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.
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
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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
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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
1. The authority citation for part 100
continues to read as follows:
Authority: 33 U.S.C. 1233.
2. Add § 100.921 to read as follows:
§ 100.921 Kelley’s Island Swim, Lake Erie,
Lakeside, OH.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
(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°32′51.96″
N; 082°45′3.15″ W and 41°32′52.21″ N;
082°45′2.19″ W and a line extending to
Kelley’s Island dock to positions
41°35′24.59″ N; 082°42′16.61″ W and
41°35′24.44″ N; 082° 42′16.04″
W.1′35.78″ W. (DATUM: NAD 83).
(b) Special Local Regulations. The
regulations of § 100.901 apply. No
vessel may enter, transit through, or
anchor within the regulated area
without the permission of the Coast
Guard Patrol Commander.
(c) Enforcement Period. These Special
Local Regulations will be enforced
annually on one day from 7 a.m. until
11 a.m. during the second or third week
in July.
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[Docket No. USCG–2011–0306]
RIN 1625–AA08
Special Local Regulations for Marine
Events, Bogue Sound; Morehead City,
NC
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes
establishing of Special Local
Regulations for ‘‘The Crystal Coast
Grand Prix’’ powerboat race, to be held
on the waters of Bogue Sound, adjacent
to the Morehead City, North Carolina on
August 20–21, 2011. This Special Local
Regulation is necessary to protect
spectators and vessels from hazards
associated with powerboat races. This
proposed regulation would close a
portion of the waters of Bogue Sound to
vessel traffic not participating in the
powerboat race while the race is
ongoing.
SUMMARY:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
BILLING CODE 9110–04–P
33 CFR Part 100
ACTION:
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 100 as follows:
[FR Doc. 2011–13181 Filed 5–26–11; 8:45 am]
Coast Guard
AGENCY:
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Dated: May 11, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
DEPARTMENT OF HOMELAND
SECURITY
Comments and related material
must be received by the Coast Guard on
or before June 27, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0306 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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.
DATES:
If
you have questions on this proposed
rule, call or e-mail BOSN3 Joseph M.
Edge, Coast Guard Sector North
Carolina, Coast Guard; telephone 252–
247–4525, e-mail
Joseph.M.Edge@uscg.mil. If you have
questions on viewing or submitting
FOR FURTHER INFORMATION CONTACT:
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30887
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 https://
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–2011–0306],
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 at https://
www.regulations.gov or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an e-mail 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
https://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–2011–0306’’ 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 8c 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
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]]>Agencies
[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Proposed Rules]
[Pages 30884-30887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13181]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[USCG-2011-0247]
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 establishing a permanent Special
Local Regulation on Lake Erie, Lakeside, Ohio. This regulation is
intended to restrict vessels from portions of Lake Erie during the
annual Kelley's Island Swim, which takes place in the second half of
July. This special local regulated area is necessary to protect
swimmers from vessel traffic.
DATES: Comments and related material must be received by the Coast
Guard on or before June 16, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0247 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 e-mail BM1 Tracy Girard, Response Department, MSU Toledo,
Coast Guard; telephone (419) 418-6036, e-mail Tracy.M.Girard@uscg.mil.
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:
[[Page 30885]]
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 https://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-2011-0247), 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 https://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 https://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 e-mail 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 https://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-2011-0247'' 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 https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0247'' 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 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 Kelleys
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.
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
This proposed rule is intended to ensure safety of the public and
vessels during the annual Kelley's Island Swim. This proposed rule will
become effective 30 days after the final rule is published in the
Federal Register and will remain permanently effective. However, the
proposed Special Local Regulation will only be enforced annually on the
second or third week in July from 7 a.m. until 11 a.m. Vessels seeking
to transit through the area of the race should contact the Captain of
the Port or his or her on-scene representative. The on-scene
representative may be present on any Coast Guard, state or local law
enforcement, or sponsor provided vessel assigned to patrol the event.
The on-scene representatives may permit vessels to transit the area
when no race activity is occurring.
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 may include publication of
Notice of Enforcement (NOE) in the Federal Register, 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 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 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 Special Local Regulation will be relatively small and exist for a
relatively short time. Thus, restrictions on vessel movement within
that particular area are expected to be minimal. Under certain
[[Page 30886]]
conditions, moreover, vessels may still transit through the area when
permitted by the Captain of the Port.
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 or operators of vessels
intending to transit or anchor in the portion Lake Erie, Lakeside, OH
discussed above between 7 a.m. and 11 a.m. on 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
following reasons: This proposed rule, while permanent, will only be
enforced for approximately 4 hours each year on the day of the swimming
event.
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. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact BM1 Tracy Girard, Response
Department, MSU Toledo, Coast Guard; telephone (419) 418-6036, e-mail
Tracy.m.girard@uscg.mil. 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 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
[[Page 30887]]
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
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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 to read as follows:
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.1'35.78'' W. (DATUM: NAD 83).
(b) Special Local Regulations. The regulations of Sec. 100.901
apply. No vessel may enter, transit through, or anchor within the
regulated area without the permission of the Coast Guard Patrol
Commander.
(c) Enforcement Period. These Special Local Regulations will be
enforced annually on one day from 7 a.m. until 11 a.m. during the
second or third week in July.
Dated: May 11, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-13181 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P
