Safety Zones; Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar Point, OH, 49401-49404 [2012-20092]
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Federal Register / Vol. 77, No. 159 / Thursday, August 16, 2012 / Proposed Rules
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
amend controlled airspace at Union
County Airport, Marysville, OH.
§ 71.1
Environmental Review
[Docket No. USCG–2012–0730]
*
*
*
AGL OH E5 Marysville, OH [Amended]
Marysville, Union County Airport, OH
(Lat. 40°13′29″ N., long. 83°21′06″ W.)
That airspace extending upward from 700
feet above the surface within a 6.3-mile
radius of Union County Airport, and within
2 miles each side of the 263° bearing from the
airport extending from the 6.3-mile radius to
9.8 miles west of the airport, and within 2.6
miles each side of the 091° bearing from the
airport extending from the 6.3-mile radius to
10.4 miles east of the airport.
Issued in Fort Worth, TX, on August 1,
2012.
David P. Medina,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2012–20144 Filed 8–15–12; 8:45 am]
BILLING CODE 4901–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
ACTION:
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR Part 71 as
follows:
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*
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
Airspace, Incorporation by reference,
Navigation (air).
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
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*
Safety Zones; Revolution 3 Triathlon,
Lake Erie, Sandusky Bay, Cedar Point,
OH
List of Subjects in 14 CFR Part 71
15:26 Aug 15, 2012
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
RIN 1625–AA00
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
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[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9V,
Airspace Designations and Reporting
Points, dated August 9, 2011, and
effective September 15, 2011, is
amended as follows:
The Coast Guard proposes
establishing two permanent safety zones
on Lake Erie near Sandusky, OH. This
action is necessary to provide for the
safety of life and property on navigable
waters and is intended to restrict vessel
traffic during the swim portion of the
Revolution 3 Triathlon, Lake Erie,
Sandusky Bay, OH.
DATES: Comments and related materials
must be received by the Coast Guard on
or before September 17, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0730 using any one of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov.
Fax: 202–493–2251.
SUMMARY:
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Mail or Delivery: 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. Deliveries are accepted between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
telephone number is 202–366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. To avoid duplication, please
use only one of these four methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email LTJG Benjamin
Nessia, Response Department, Marine
Safety Unit Toledo, Coast Guard;
telephone (419)418–6040, email
Benjamin.B.Nessia@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Information
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.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, 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
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 email address, or a
telephone number in the body of your
document so that we can contact you if
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we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on ‘‘Submit
a Comment’’ on the line associated with
this rulemaking.
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.
2. 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, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ Click on ‘‘OPEN
DOCKET FOLDER’’ on the line
associated with this rulemaking. You
may also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
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3. 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).
4. 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.
B. Basis and Purpose
Each year, the Revolution 3 Triathlon
occurs at Cedar Point near Sandusky,
OH. This event occurs each year for two
consecutive days during the first or
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second week of September. During the
first leg of the event, participants enter
the water and swim along a
predetermined course. While the
primary course is on the eastern side of
Cedar Point, an alternate location is on
the western side of Cedar Point, in the
vicinity of the Cedar Point Marina. The
likely combination of large numbers of
inexperienced recreational boaters,
possibly varying lake conditions and
large number of swimmers in the water
could easily result in serious injuries or
fatalities. The Captain of the Port Detroit
proposes to establish this safety zone to
protect against such injuries and
fatalities.
In the past, the Coast Guard has
established temporary safety zones in
coordination for this event. For
example, temporary safety zones were
established in rules published on
September 13, 2010 (75 FR 55477), and
September 8, 2011 (76 FR 55564).
Because this event will recur annually,
the Captain of the Port Detroit is
proposing to establish a permanent
safety zone and thus, alleviate the need
to publish TFRs in the future.
C. Discussion of Proposed Rule
As suggested above, this proposed
regulation is intended to ensure safety
of the public and vessels during the
Revolution 3 triathlon. This proposed
rule will become effective 30 days after
the final rule is published in the Federal
Register. However, the safety zones will
only be enforced annually for two
consecutive days during the first or
second week of September from 6:50
a.m. until 10 a.m., with exact dates to
be determined annually.
The proposed safety zones for the
Revolution 3 Triathlon, Lake Erie,
Sandusky Bay, Cedar Point, OH, will
encompass all waters of Lake Erie,
Sandusky Bay, Cedar Point, OH within
the swim courses located at position 41–
29′–00.04″N 082–40′–48.16″W to 41–
29′–19.28″N 082–40′–38.97″W to 41–
29′–02.51″N 082–40′–20.82″W to 41–
28′–45.52″N 082–40′–35.75″W then
following the shoreline to the point of
origin. These coordinates are North
American Datum of 1983 (NAD 83). In
the event that weather requires changing
locations an alternate race course site
will encompass all waters of Lake Erie,
Sandusky Bay, Cedar Point, OH
extending outward 100 yards on either
side of a line running between 41–28′–
38.59″N 082–41′–10.51″W and 41–28′–
17.25″N 082–40′–54.09″W running
adjacent to the Cedar Point Marina.
These coordinates are North American
Datum of 1983 (NAD 83).
The Captain of the Port Detroit will
use all appropriate means to notify the
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public when the safety zones in this
proposal will be enforced. Consistent
with 33 CFR 165.7(a), such means of
may include, among other things,
publication in the Federal Register,
Broadcast Notice to Mariners, Local
Notice to Mariners, or, upon request, by
facsimile (fax). Also, the Captain of the
Port will issue a Broadcast Notice to
Mariners notifying the public if
enforcement these safety zones in this
section are cancelled prematurely.
Entry into, transiting, or anchoring
within the proposed safety zones during
the period of enforcement is prohibited
unless authorized by the Captain of the
Port Detroit, or his designated
representative. The Captain of the Port
or his designated representative may be
contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this 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.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this 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 safety zones established by this
proposed rule will be relatively small
and enforced for relatively short time.
Also, each safety zone is designed to
minimize its impact on navigable
waters. Furthermore, each safety zone
has been designed to allow vessels to
transit unrestricted to portions of the
waterways not affected by the safety
zones. Thus, restrictions on vessel
movements within any particular area
are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through each safety
zone when permitted by the Captain of
the Port. On the whole, the Coast Guard
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expects insignificant adverse impact to
mariners from the activation of these
safety zones.
2. Impact on 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 would affect the
following entities, some of which might
be small entities: The owners and
operators of vessels intending to transit
or anchor in the above portions of Lake
Erie during the period that either of the
proposed safety zones is being enforced.
These proposed safety zones will not
have a significant economic impact on
a substantial number of small entities
for all of the reasons discussed in the
above Regulatory Planning and Review
section. 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.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking
process. If this proposed rule would
affect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions or options for compliance,
please contact LTJG Benjamin Nessia,
Response Department, Marine Safety
Unit Toledo, Coast Guard; telephone
(419) 418–6040, email
Benjamin.B.Nessia@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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4. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the ‘‘FOR FURTHER
INFORMATION CONTACT’’ section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
8. Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children
We have analyzed this 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 would
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not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it does not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this 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.
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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 which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves the establishment of safety
zones and thus, is categorically
excluded under paragraph (34)(g) of the
Instruction. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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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 proposes to
amend 33 CFR Part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.917 to read as follows:
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§ 165.917 Safety Zones; Annual Swim
Events in the Captain of the Port Detroit
Zone.
(a) Location. The following locations
are designated as safety zones: All
waters of Lake Erie within positions 41–
29′–00.04″ N 082–40′–48.16″ W to 41–
29′–19.28″ N 082–40′–38.97″ W to 41–
29′–02.51″ N 082–40″–20.82″ W to 41–
28″–45.52″ N 082–40′–35.75″ W then
following the shoreline to the point of
origin. In the event that weather
requires changing locations an alternate
race course site will encompass all
waters of Lake Erie, Sandusky Bay,
Cedar Point, OH extending outward 100
yards on either side of a line running
between 41–28′–38.59″ N 082–41′–
10.51″ W and 41–28′–17.25″ N 082–40′–
54.09″ W running adjacent to the Cedar
Point Marina. These coordinates are
North American Datum of 1983 (NAD
83).
(b) Enforcement period. These safety
zones will be enforced two consecutive
mornings during the first or second
week in September. Exact dates and
times will be determined annually and
published annually in the Federal
Register via a Notice of Enforcement.
(c) Definitions. The following
definitions apply to this section:
(1) ‘‘On-scene Representative’’ means
any Coast Guard Commissioned,
warrant, or petty officer designated by
the Captain of the Port Detroit to
monitor a safety zone, permit entry into
the zone, give legally enforceable orders
to persons or vessels within the zones,
and take other actions authorized by the
Captain of the Port.
(2) ‘‘Public vessel’’ means vessels
owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into, transiting, or
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anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Detroit, or his
designated representative.
(2) These safety zones are closed to all
vessel traffic, excepted as may be
permitted by the Captain of the Port
Detroit or his designated representative.
All persons and vessels must comply
with the instructions of the Coast Guard
Captain of the Port or his designated
representative. Upon being hailed by the
U.S. Coast Guard by siren, radio,
flashing light or other means, the
operator of a vessel shall proceed as
directed.
(3) All vessels must obtain permission
from the Captain of the Port or his
designated representative to enter, move
within, or exit the safety zone
established in this section when this
safety zone is enforced. Vessels and
persons granted permission to enter the
safety zone must obey all lawful orders
or directions of the Captain of the Port
or a designated representative. While
within a safety zone, all vessels must
operate at the minimum speed
necessary to maintain a safe course.
(e) Exemption. Public vessels, as
defined in paragraph (b) of this section,
are exempt from the requirements in
this section.
(f) Waiver. For any vessel, the Captain
of the Port Detroit or his designated
representative may waive any of the
requirements of this section, upon
finding that operational conditions or
other circumstances are such that
application of this section is
unnecessary or impractical for the
purposes of public or environmental
safety.
(g) Notification. The Captain of the
Port Detroit will notify the public that
the safety zones in this section are or
will be enforced by all appropriate
means to the affected segments of the
public including publication in the
Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification may also include,
but are not limited to Broadcast Notice
to Mariners or Local Notice to Mariners.
The Captain of the Port will issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
safety zone is cancelled.
Dated: August 6, 2012.
J. E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2012–20092 Filed 8–15–12; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2011–0453, FRL–9616–1]
Approval and Promulgation of Air
Quality Implementation Plans;
Vermont: Prevention of Significant
Deterioration; Greenhouse Gas
Permitting Authority and Tailoring Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
a revision to the Vermont State
Implementation Plan (SIP) relating to
regulation of Greenhouse Gases (GHGs)
under Vermont’s Prevention of
Significant Deterioration (PSD) program.
This revision was submitted by
Vermont, through the Vermont
Department of Environmental
Conservation (VT DEC), Air Pollution
Control Division on February 14, 2011.
It is intended to align Vermont’s
regulations with EPA’s ‘‘Prevention of
Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule.’’ EPA is
proposing to approve the revision
because the Agency has made the
preliminary determination that the SIP
revision, already adopted by Vermont as
a final effective rule, is in accordance
with the Clean Air Act (CAA or Act) and
EPA regulations regarding PSD
permitting for GHGs. The SIP submittal
also contains proposed amendments to
several other sections of Vermont’s SIP
not directly related to GHG permitting
which EPA is not acting on at this time.
DATES: Comments must be received on
or before September 17, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2011–0453, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email:
dahl.donald@epa.govmailto:.
3. Fax: (617) 918–0657.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2011–0453’’,
Donald Dahl, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, 5 Post Office Square—Suite
100, (Mail code OEP05–2), Boston, MA
02109–3912.
5. Hand Delivery or Courier: Deliver
your comments to: Donald Dahl, U.S.
Environmental Protection Agency, EPA
New England Regional Office, Office of
Ecosystem Protection, Air Permits,
SUMMARY:
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[Federal Register Volume 77, Number 159 (Thursday, August 16, 2012)]
[Proposed Rules]
[Pages 49401-49404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20092]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0730]
RIN 1625-AA00
Safety Zones; Revolution 3 Triathlon, Lake Erie, Sandusky Bay,
Cedar Point, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing two permanent safety
zones on Lake Erie near Sandusky, OH. This action is necessary to
provide for the safety of life and property on navigable waters and is
intended to restrict vessel traffic during the swim portion of the
Revolution 3 Triathlon, Lake Erie, Sandusky Bay, OH.
DATES: Comments and related materials must be received by the Coast
Guard on or before September 17, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0730 using any one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Fax: 202-493-2251.
Mail or Delivery: 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. Deliveries are
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. To avoid duplication, please use only one of these
four methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LTJG Benjamin Nessia, Response Department, Marine
Safety Unit Toledo, Coast Guard; telephone (419)418-6040, email
Benjamin.B.Nessia@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Information
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.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, 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
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 email address, or a telephone number in the body of
your document so that we can contact you if
[[Page 49402]]
we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Submit a Comment'' on the line associated with this
rulemaking.
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.
2. 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,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``OPEN DOCKET FOLDER'' on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
3. 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).
4. 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.
B. Basis and Purpose
Each year, the Revolution 3 Triathlon occurs at Cedar Point near
Sandusky, OH. This event occurs each year for two consecutive days
during the first or second week of September. During the first leg of
the event, participants enter the water and swim along a predetermined
course. While the primary course is on the eastern side of Cedar Point,
an alternate location is on the western side of Cedar Point, in the
vicinity of the Cedar Point Marina. The likely combination of large
numbers of inexperienced recreational boaters, possibly varying lake
conditions and large number of swimmers in the water could easily
result in serious injuries or fatalities. The Captain of the Port
Detroit proposes to establish this safety zone to protect against such
injuries and fatalities.
In the past, the Coast Guard has established temporary safety zones
in coordination for this event. For example, temporary safety zones
were established in rules published on September 13, 2010 (75 FR
55477), and September 8, 2011 (76 FR 55564). Because this event will
recur annually, the Captain of the Port Detroit is proposing to
establish a permanent safety zone and thus, alleviate the need to
publish TFRs in the future.
C. Discussion of Proposed Rule
As suggested above, this proposed regulation is intended to ensure
safety of the public and vessels during the Revolution 3 triathlon.
This proposed rule will become effective 30 days after the final rule
is published in the Federal Register. However, the safety zones will
only be enforced annually for two consecutive days during the first or
second week of September from 6:50 a.m. until 10 a.m., with exact dates
to be determined annually.
The proposed safety zones for the Revolution 3 Triathlon, Lake
Erie, Sandusky Bay, Cedar Point, OH, will encompass all waters of Lake
Erie, Sandusky Bay, Cedar Point, OH within the swim courses located at
position 41-29'-00.04''N 082-40'-48.16''W to 41-29'-19.28''N 082-40'-
38.97''W to 41-29'-02.51''N 082-40'-20.82''W to 41-28'-45.52''N 082-
40'-35.75''W then following the shoreline to the point of origin. These
coordinates are North American Datum of 1983 (NAD 83). In the event
that weather requires changing locations an alternate race course site
will encompass all waters of Lake Erie, Sandusky Bay, Cedar Point, OH
extending outward 100 yards on either side of a line running between
41-28'-38.59''N 082-41'-10.51''W and 41-28'-17.25''N 082-40'-54.09''W
running adjacent to the Cedar Point Marina. These coordinates are North
American Datum of 1983 (NAD 83).
The Captain of the Port Detroit will use all appropriate means to
notify the public when the safety zones in this proposal will be
enforced. Consistent with 33 CFR 165.7(a), such means of may include,
among other things, publication in the Federal Register, Broadcast
Notice to Mariners, Local Notice to Mariners, or, upon request, by
facsimile (fax). Also, the Captain of the Port will issue a Broadcast
Notice to Mariners notifying the public if enforcement these safety
zones in this section are cancelled prematurely.
Entry into, transiting, or anchoring within the proposed safety
zones during the period of enforcement is prohibited unless authorized
by the Captain of the Port Detroit, or his designated representative.
The Captain of the Port or his designated representative may be
contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this 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.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this 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 safety zones established by this proposed rule will be relatively
small and enforced for relatively short time. Also, each safety zone is
designed to minimize its impact on navigable waters. Furthermore, each
safety zone has been designed to allow vessels to transit unrestricted
to portions of the waterways not affected by the safety zones. Thus,
restrictions on vessel movements within any particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through each safety zone when permitted by the Captain of
the Port. On the whole, the Coast Guard
[[Page 49403]]
expects insignificant adverse impact to mariners from the activation of
these safety zones.
2. Impact on 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 would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in the above portions of Lake Erie
during the period that either of the proposed safety zones is being
enforced.
These proposed safety zones will not have a significant economic
impact on a substantial number of small entities for all of the reasons
discussed in the above Regulatory Planning and Review section. 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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If this proposed rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LTJG Benjamin
Nessia, Response Department, Marine Safety Unit Toledo, Coast Guard;
telephone (419) 418-6040, email Benjamin.B.Nessia@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.
4. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the ``FOR FURTHER
INFORMATION CONTACT'' section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
8. Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this 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
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.
11. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this 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.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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 which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves the establishment of safety zones and thus, is categorically
excluded under paragraph (34)(g) of the Instruction. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
[[Page 49404]]
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 proposes
to amend 33 CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.917 to read as follows:
Sec. 165.917 Safety Zones; Annual Swim Events in the Captain of the
Port Detroit Zone.
(a) Location. The following locations are designated as safety
zones: All waters of Lake Erie within positions 41-29'-00.04'' N 082-
40'-48.16'' W to 41-29'-19.28'' N 082-40'-38.97'' W to 41-29'-02.51'' N
082-40''-20.82'' W to 41-28''-45.52'' N 082-40'-35.75'' W then
following the shoreline to the point of origin. In the event that
weather requires changing locations an alternate race course site will
encompass all waters of Lake Erie, Sandusky Bay, Cedar Point, OH
extending outward 100 yards on either side of a line running between
41-28'-38.59'' N 082-41'-10.51'' W and 41-28'-17.25'' N 082-40'-54.09''
W running adjacent to the Cedar Point Marina. These coordinates are
North American Datum of 1983 (NAD 83).
(b) Enforcement period. These safety zones will be enforced two
consecutive mornings during the first or second week in September.
Exact dates and times will be determined annually and published
annually in the Federal Register via a Notice of Enforcement.
(c) Definitions. The following definitions apply to this section:
(1) ``On-scene Representative'' means any Coast Guard Commissioned,
warrant, or petty officer designated by the Captain of the Port Detroit
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) ``Public vessel'' means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated representative.
(2) These safety zones are closed to all vessel traffic, excepted
as may be permitted by the Captain of the Port Detroit or his
designated representative. All persons and vessels must comply with the
instructions of the Coast Guard Captain of the Port or his designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port
or his designated representative to enter, move within, or exit the
safety zone established in this section when this safety zone is
enforced. Vessels and persons granted permission to enter the safety
zone must obey all lawful orders or directions of the Captain of the
Port or a designated representative. While within a safety zone, all
vessels must operate at the minimum speed necessary to maintain a safe
course.
(e) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Detroit or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
(g) Notification. The Captain of the Port Detroit will notify the
public that the safety zones in this section are or will be enforced by
all appropriate means to the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include, but are
not limited to Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will issue a Broadcast Notice to
Mariners notifying the public when enforcement of the safety zone is
cancelled.
Dated: August 6, 2012.
J. E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-20092 Filed 8-15-12; 8:45 am]
BILLING CODE 9110-04-P
