Safety Zone; Revolution 3 Triathlon, Sandusky Bay, Lake Erie, Cedar Point, OH, 55564-55566 [2011-22995]
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55564
Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
Transportation to paint and perform
routine maintenance on the drawbridge.
This deviation allows single leaf
operation of the double leaf bascule
style drawbridge during the project.
DATES: This deviation is effective from
7 a.m. September 7, 2011 to 6 p.m.
November 22, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of the docket USCG–
2011–0808 and are available online by
going to https://www.regulations.gov,
inserting USCG–2011–0808 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 rule, call or
e-mail David H. Sulouff, Chief, Bridge
Section, Eleventh Coast Guard District;
telephone 510–437–3516, e-mail David.
H.Sulouff@uscg.mil If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The
California Department of Transportation
has requested a temporary change to the
operation of the Steamboat Slough
Drawbridge, mile 11.2 Steamboat
Slough, at the head of Grand Island, CA.
The drawbridge provides 21 feet vertical
clearance above Mean High Water in the
closed-to-navigation position. The draw
opens on signal from May 1 through
October 31 from 6 a.m. to 10 p.m. At all
other times the draw shall open on
signal if at least four hours notice is
given, as required by 33 CFR 117.199.
Navigation on the waterway is
commercial and recreational.
Either leaf of the double bascule
drawspan may be secured in the closedto-navigation position from 7 a.m.
September 6, 2011 to 6 p.m. November
22, 2011, to allow Caltrans to conduct
painting and maintenance on the bridge.
The opposite leaf will continue to
operate normally, providing unlimited
vertical clearance and 92 feet horizontal
clearance between leafs. A work
platform will be installed below the
secured leaf, reducing vertical clearance
by 6 feet. This temporary deviation has
been coordinated with waterway users.
No objections to the proposed
temporary deviation were raised.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
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operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: August 29, 2011.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2011–22915 Filed 9–7–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0775]
RIN 1625–AA00
Safety Zone; Revolution 3 Triathlon,
Sandusky Bay, Lake Erie, Cedar Point,
OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Erie, Cedar Point, Sandusky, OH.
This zone is intended to restrict vessels
from a portion of Lake Erie during the
Revolution 3 Triathlon. This temporary
safety zone is necessary to protect
participants, spectators and vessels from
the hazards associated with a triathlon
event.
DATES: This rule is effective from 6
to 11 a.m. on September 11, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0775 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0775 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, call or e-mail the Marine Events
Coordinator, LTJG Cory Hoffman,
Marine Safety Unit, Toledo, 402
Madison Avenue Suite 700, Toledo, OH
43604; (419) 418–6050, e-mail
Cory.J.Hoffman@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUMMARY:
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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 the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 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 doing
so would be impracticable and contrary
to the public interest. The permit
application for this year’s event was not
received in sufficient time for the Coast
Guard to solicit public comments before
the start of the event. Thus, waiting for
a notice and comment period to run
would inhibit the Coast Guard’s ability
to protect the public and vessels from
the hazards associated with a swimming
event in a navigable water.
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. Delaying this rule would be
impracticable and contrary to the public
interest for the the same reasons
discussed in the preceding paragraph.
Background and Purpose
The Revolution 3 Triathlon will occur
between 6 a.m. and 11 a.m. on
September 11, 2011. Scores of
swimmers are expected to participate in
this triathlon. The Captain of the Port
Detroit has determined that swimming
events present a significant risk to
public safety. The likely combination of
participants and motor vessels in the
open waters of Sandusky Bay, Lake Erie
presents a high risk of serious injuries
or fatalities.
Discussion of Rule
With the above safety hazards in
mind, the Captain of the Port Detroit has
determined that a temporary safety zone
is necessary to ensure the safety of
participants during the Revolution 3
Triathlon. The safety zone will include
the waters of Lake Erie within a line
drawn from 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 of
inclement weather, an alternate swim
course will be used on the waters of
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
Sandusky Bay within a line drawn from
41–28–22 N, 082–40–44 W to 41–28–
38.59 N, 082–41–10.51 W and extending
to 41–28–17.25 N, 082–40–54.09 W. For
either course, the safety zone will occur
from 6 to 11 a.m. on September 11,
2011. 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 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 or his 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.
erowe on DSK5CLS3C1PROD with RULES
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 rule is not a significant
regulatory action because we anticipate
that during the short time this zone will
be in effect, 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
or legal policy issue. The safety zone
will be enforced for a relatively short
amount of time, and vessels may still
pass through the zone with permission
of the Captain of the Port Detroit.
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
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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 will 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 above portion of Lake Erie near
Cedar Point, OH; or in case of inclement
weather, the owners or operators of
vessels intending to transit or anchor in
the above portion of Sandusky Bay
between 6 and 11 a.m. on September 11,
2011. The 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 5 hours during the event. 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. The Coast
Guard will give notice to the public via
a Broadcast Notice to Mariners that the
regulation is in effect. Additionally, the
COTP will suspend enforcement of the
safety zone if the event for which the
zone is established ends earlier than the
time expected.
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 can
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.
55565
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 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
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.
Civil Justice Reform
This rule meets applicable standards
in section 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
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Collection of Information
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 Federal
Government and Indian tribes.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Rules and Regulations
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.
erowe on DSK5CLS3C1PROD with RULES
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
temporary safety zone, ships can safely
pass around the zone, and the zone will
be enforced for only five hours.
Therefore this rule is categorically
excluded under paragraph 34(g) of the
Instruction.
An environmental analysis check list
and categorical exclusion determination
are available in the docket where
indicated under ADDRESSES.
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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:
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 or his on-scene
representative.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Dated: August 29, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2011–22995 Filed 9–7–11; 8:45 am]
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0775 to read as
follows:
■
§ 165.T09–0775 Safety Zone; Revolution 3,
Sandusky Bay, Lake Erie, Cedar Point, OH.
(a) Location. The following area is a
temporary safety zone: All waters of
Lake Erie within 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.
In the event of inclement weather, the
following alternate area is a temporary
safety zone: All waters of Sandusky Bay
within 41–28–22 N, 082–40–44 W to
41–28–38.59 N, 082–41–10.51 W to 41–
28–17.25 N, 082–40–54.09 W. 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 6:00 a.m. through
11:00 a.m. on September 11, 2011.
(c) Regulations.
(1) In accordance with the general
regulations in section 165.23 of this
part, 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.
(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 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 will be aboard either
a Coast Guard or Coast Guard Auxiliary
vessel. The Captain of the Port or his
designated on scene representative may
be contact via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–0786]
RIN 1625–AA00
Safety Zones; Fireworks Displays and
Surfing Events in Captain of the Port
Long Island Sound Zone
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing safety zones for marine
events within the Captain of the Port
(COTP) Long Island Sound Zone for a
surfing event and fireworks displays.
This action is necessary to provide for
the safety of life on navigable waters
during the events. Entry into, transit
through, mooring or anchoring within
this zone is prohibited unless
authorized by the COTP Sector Long
Island Sound.
DATES: This rule is effective in the CFR
on September 8, 2011 through 5 p.m. on
September 15, 2011. This rule is
effective with actual notice for purposes
of enforcement beginning at 8:30 p.m.
on September 1, 2011.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
0786 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0786 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
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55564-55566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22995]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0775]
RIN 1625-AA00
Safety Zone; Revolution 3 Triathlon, Sandusky Bay, Lake Erie,
Cedar Point, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie, Cedar Point, Sandusky, OH. This zone is intended to restrict
vessels from a portion of Lake Erie during the Revolution 3 Triathlon.
This temporary safety zone is necessary to protect participants,
spectators and vessels from the hazards associated with a triathlon
event.
DATES: This rule is effective from 6 to 11 a.m. on September 11, 2011.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0775 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-0775 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, call or e-mail the Marine Events Coordinator, LTJG Cory
Hoffman, Marine Safety Unit, Toledo, 402 Madison Avenue Suite 700,
Toledo, OH 43604; (419) 418-6050, e-mail Cory.J.Hoffman@uscg.mil. 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 the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 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 doing so would be impracticable and
contrary to the public interest. The permit application for this year's
event was not received in sufficient time for the Coast Guard to
solicit public comments before the start of the event. Thus, waiting
for a notice and comment period to run would inhibit the Coast Guard's
ability to protect the public and vessels from the hazards associated
with a swimming event in a navigable water.
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. Delaying this rule would be
impracticable and contrary to the public interest for the the same
reasons discussed in the preceding paragraph.
Background and Purpose
The Revolution 3 Triathlon will occur between 6 a.m. and 11 a.m. on
September 11, 2011. Scores of swimmers are expected to participate in
this triathlon. The Captain of the Port Detroit has determined that
swimming events present a significant risk to public safety. The likely
combination of participants and motor vessels in the open waters of
Sandusky Bay, Lake Erie presents a high risk of serious injuries or
fatalities.
Discussion of Rule
With the above safety hazards in mind, the Captain of the Port
Detroit has determined that a temporary safety zone is necessary to
ensure the safety of participants during the Revolution 3 Triathlon.
The safety zone will include the waters of Lake Erie within a line
drawn from 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 of
inclement weather, an alternate swim course will be used on the waters
of
[[Page 55565]]
Sandusky Bay within a line drawn from 41-28-22 N, 082-40-44 W to 41-28-
38.59 N, 082-41-10.51 W and extending to 41-28-17.25 N, 082-40-54.09 W.
For either course, the safety zone will occur from 6 to 11 a.m. on
September 11, 2011. 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 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 or his 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, 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 rule is
not a significant regulatory action because we anticipate that during
the short time this zone will be in effect, 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 or legal policy issue. The safety zone will be
enforced for a relatively short amount of time, and vessels may still
pass through the zone with permission of the Captain of the Port
Detroit.
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 will
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 above portion of Lake Erie near Cedar Point, OH; or in
case of inclement weather, the owners or operators of vessels intending
to transit or anchor in the above portion of Sandusky Bay between 6 and
11 a.m. on September 11, 2011. The 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 5 hours
during the event. 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. The Coast Guard
will give notice to the public via a Broadcast Notice to Mariners that
the regulation is in effect. Additionally, the COTP will suspend
enforcement of the safety zone if the event for which the zone is
established ends earlier than the time expected.
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 can 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
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.
Civil Justice Reform
This rule meets applicable standards in section 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 does not create an
environmental risk to health or risk to safety that may
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 Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That
[[Page 55566]]
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
temporary safety zone, ships can safely pass around the zone, and the
zone will be enforced for only five hours. Therefore this rule is
categorically excluded under paragraph 34(g) of the Instruction.
An 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.
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. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 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.T09-0775 to read as follows:
Sec. 165.T09-0775 Safety Zone; Revolution 3, Sandusky Bay, Lake Erie,
Cedar Point, OH.
(a) Location. The following area is a temporary safety zone: All
waters of Lake Erie within 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. In the event of inclement weather, the following
alternate area is a temporary safety zone: All waters of Sandusky Bay
within 41-28-22 N, 082-40-44 W to 41-28-38.59 N, 082-41-10.51 W to 41-
28-17.25 N, 082-40-54.09 W. 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 6:00 a.m. through 11:00 a.m. on September 11,
2011.
(c) Regulations.
(1) In accordance with the general regulations in section 165.23 of
this part, 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.
(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 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 will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on scene representative may be contact 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 or his on-scene
representative.
Dated: August 29, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-22995 Filed 9-7-11; 8:45 am]
BILLING CODE 9110-04-P
