Safety Zone; Jet Express Triathlon, Sandusky Bay, Lake Erie, Lakeside, OH, 50923-50926 [2012-20190]
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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
mstockstill on DSK4VPTVN1PROD with RULES
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
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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 determined 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 rule involves a safety
zone of limited size and duration. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 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.T11–513 to read as
follows:
■
§ 165.T11–513 Safety zone; Bay Bridge
Load Transfer Safety Zone, San Francisco
Bay, San Francisco, CA.
(a) Location. This temporary safety
zone is established in the navigable
waters of the San Francisco Bay near
Yerba Buena Island, California as
depicted in National Oceanic and
Atmospheric Administration (NOAA)
Chart 18650. The safety zone will
encompass the navigable waters of the
San Francisco Bay within a box
connected by the following points:
37°49′06″ N, 122°21′17″ W; 37°49′01″ N,
122°21′12″ W; 37°48′48″ N, 122°21′35″
W; 37°48′53″ N, 122°21′40″ W (NAD 83).
(b) Enforcement Period. The zone
described in paragraph (a) of this
section will be in effect from 12 a.m. on
August 1, 2012 until 11:59 p.m. on
October 31, 2012. The Captain of the
Port San Francisco (COTP) will notify
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50923
the maritime community of periods
during which this zone will be enforced
via Broadcast Notice to Mariners in
accordance with 33 CFR 165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zone.
(d) Regulations. (1) Under the general
regulations in 33 CFR Part 165, Subpart
C, entry into, transiting or anchoring
within this safety zone is prohibited
unless authorized by the COTP or a
designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or a designated
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 COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zone on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: July 30, 2012.
Cynthia L. Stowe,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2012–20337 Filed 8–22–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0072]
RIN 1625–AA00
Safety Zone; Jet Express Triathlon,
Sandusky Bay, Lake Erie, Lakeside,
OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of Lake Erie in the vicinity
of East Harbor State Park, OH, from 8:00
a.m. until 10:00 a.m. on September 9,
2012. This safety zone is intended to
restrict vessels from portions of Lake
Erie during the Jet Express Triathlon.
SUMMARY:
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50924
Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
This safety zone is necessary to protect
participants, spectators and vessels from
the hazards associated with triathlon
event.
DATES: This final rule is effective from
8:00 a.m. until 10:00 a.m. on September
9, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0072. To view documents
mentioned in this preamble as being
available in the docket, go 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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
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DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On April 26, 2012, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zones: Jet Express
Triathlon, Sandusky Bay, Lake Erie,
Lakeside, OH in the Federal Register
(77 FR 24880). We did not receive any
comments in response to the proposed
rule. No public meeting was requested
and none was held.
Under 5 U.S.C. 553(d)(3), the Coast
Guard is issuing this temporary final
rule less than 30 days after its
publication in the Federal Register.
Under 5 U.S.C. 553(d)(3), an agency may
issue a rule less than 30 days before its
effective date when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Accordingly, the
Coast Guard finds that good cause exists
for publishing this temporary final rule
less than 30 days before its effective
date because delaying the effective date
of this temporary final rule would
prevent its enforcement on the
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scheduled night of the event and thus,
would preclude the Coast Guard from
protecting spectators and vessels from
the hazards associated with a maritime
fireworks display.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
B. Basis and Purpose
The organization Endurance Sports
Productions is sponsoring a triathlon: A
bike, swim and run event. The swim
portion of the event will take place in
Lake Erie. The participants will begin by
jumping off the ferry boat JET EXPRESS
II at the designated position, then swim
to the dedicated position on shore. This
swim portion will take place on
September 9, 2012 at approximately
8:00 a.m. and will last about an hour.
The Captain of the Port Detroit has
determined that the swim portion of the
event will pose certain public hazards.
Such hazards include obstructions to
the waterway that may cause marine
casualties and vessels colliding with
swimmers that may cause death or
serious bodily harm. With
aforementioned hazards in mind, the
Captain of the Port Detroit has
determined that a temporary safety zone
is necessary to ensure the safety of
participants and vessels during the
practice, the half triathlon, and the
triathlon events.
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under 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 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
zone created by this rule will be
relatively small and enforced for
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
C. Discussion of Comments, Changes
and the Final Rule
As mentioned above, no comments
were received during the public
comment period, and as such, no
changes to the text of the rule were
made.
The temporary safety zone established
herein will be effective and enforced
from 8:00 a.m. until 10:00 a.m. on
September 9, 2012. The safety zone will
encompass all waters of Lake Erie
within a direct line from 41°33′49″ N,
082°47′8″ W to 41°33′25″ N, 82°48′8″ W
and 15 yards on either side of direct
line. 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 designated on
scene patrol personnel. 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 designated on scene
representative may be contacted via
VHF Channel 16.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
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1. Regulatory Planning and Review
2. 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 received no comments from
the Small Business Administration on
this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule
would not have a significant economic
impact on a substantial number of small
entities.
This rule would 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 the Sandusky Bay
of Lake Erie near Lakeside, OH between
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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
8:00 a.m. and 10 a.m. on September 9,
2012.
This 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 only approximately two
hours. Also, 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. Additionally, the Coast Guard will
give advanced notice to the public via
a local Broadcast Notice to Mariners that
the regulation is in effect. Moreover, the
COTP will suspend enforcement of the
safety zone if the event for which the
zone is established ends earlier than the
expected time.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this 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 rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If this
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact ENS
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 rule or any policy or action of the
Coast Guard.
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4. Collection of Information
This 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 rule under that Order and have
determined that it does not have
implications for federalism.
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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
INTFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
would not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
8. Taking of Private Property
This rule 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 rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
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50925
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. A final
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This rule involves the
establishment of a safety zone and thus,
paragraph (34)(g) of the Instruction
applies. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.T09–0072 as follows:
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Federal Register / Vol. 77, No. 164 / Thursday, August 23, 2012 / Rules and Regulations
§ 165.T09–0072 Safety Zone; Jet Express
Triathlon, Sandusky Bay, Lake Erie,
Lakeside, OH.
DEPARTMENT OF HOMELAND
SECURITY
(a) Location. The following area is a
temporary safety zone: all waters of
Lake Erie within a direct line from
41°33’49’’N, 082°47’8’’W to 41°33’25’’N,
82°48’8’’W and 15 yards on either side
of the direct line. 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 8:00 a.m. until 10:00 a.m.
on September 9, 2012.
(c) Regulations.
(1) In accordance with the general
regulations in § 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 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 Detroit 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 Detroit will be
aboard either a Coast Guard or Coast
Guard Auxiliary vessel. The Captain of
the Port Detroit or his designated on
scene representative may be contacted
via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or 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 Detroit
or his on-scene representative.
Coast Guard
Dated: August 6, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
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[FR Doc. 2012–20190 Filed 8–22–12; 8:45 am]
BILLING CODE 9110–04–P
33 CFR Part 165
[Docket No. USCG–2012–0712]
RIN 1625–AA87
Security Zones; Certain Dangerous
Cargo Vessels, Tampa, FL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing temporary moving security
zones around Certain Dangerous Cargo
(CDC) vessels, which are vessels
carrying anhydrous ammonia, liquefied
propane gas (LPG), and ammonium
nitrate. The security zones will start at
buoys 3 and 4 in Tampa Bay ‘‘F’’ cut
following the vessel to the pier, from
pier to pier for berth shifts, and from the
pier out to buoys 3 and 4 in Tampa Bay
‘‘F’’ cut. The security zones are to be
implemented during the 2012
Republican National Convention from
August 25, 2012, through August 31,
2012.
SUMMARY:
This rule is effective from 12:01
p.m. on August 25, 2012, through 11:59
a.m. on August 31, 2012.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0712. To view 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.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Marine Science Technician First
Class Nolan L. Ammons, Sector St.
Petersburg Prevention Department,
Coast Guard; telephone (813) 228–2191,
email D07-SMB-TampaWWM@uscg.mil. If you have questions
on viewing the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Acronyms
DHS Department of Homeland Security
CDC Certain Dangerous Cargo
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FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and 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 the
Coast Guard did not receive notice of
the need for these security zones until
July 19, 2012. As a result, the Coast
Guard did not have sufficient time to
publish an NPRM and to receive public
comments prior to implementation of
the security zones. Any delay in the
effective date of this rule would be
contrary to the public interest because
immediate action is needed to minimize
potential danger to the convention
delegates, official parties, dignitaries,
the public, and surrounding waterways.
For the same reason discussed above,
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.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated navigation areas and other
limited access areas: 33 U.S.C. 1226,
1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05–
1, 6.04–1, 6.04–6, 160.5; Public Law
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No.
0170.1.
The purpose of this rule is to provide
for the safety and security of convention
delegates, official parties, dignitaries,
and the public during the 2012
Republican National Convention.
C. Discussion of Rule
The security zones will be effective
and enforced from August 25, 2012
through August 31, 2012, during the
2012 Republican National Convention
held in Tampa, Florida.
The Secretary of the Department of
Homeland Security has designated the
2012 Republican National Convention
as a National Special Security Event.
National Special Security Events are
significant events, which, due to their
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]]>Agencies
[Federal Register Volume 77, Number 164 (Thursday, August 23, 2012)]
[Rules and Regulations]
[Pages 50923-50926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20190]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2012-0072]
RIN 1625-AA00
Safety Zone; Jet Express Triathlon, Sandusky Bay, Lake Erie,
Lakeside, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Lake Erie in the vicinity of East Harbor State Park, OH, from
8:00 a.m. until 10:00 a.m. on September 9, 2012. This safety zone is
intended to restrict vessels from portions of Lake Erie during the Jet
Express Triathlon.
[[Page 50924]]
This safety zone is necessary to protect participants, spectators and
vessels from the hazards associated with triathlon event.
DATES: This final rule is effective from 8:00 a.m. until 10:00 a.m. on
September 9, 2012.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0072. To view documents mentioned in this preamble as being
available in the docket, go 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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. Regulatory History and Information
On April 26, 2012, we published a notice of proposed rulemaking
(NPRM) entitled Safety Zones: Jet Express Triathlon, Sandusky Bay, Lake
Erie, Lakeside, OH in the Federal Register (77 FR 24880). We did not
receive any comments in response to the proposed rule. No public
meeting was requested and none was held.
Under 5 U.S.C. 553(d)(3), the Coast Guard is issuing this temporary
final rule less than 30 days after its publication in the Federal
Register. Under 5 U.S.C. 553(d)(3), an agency may issue a rule less
than 30 days before its effective date when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Accordingly, the Coast Guard finds
that good cause exists for publishing this temporary final rule less
than 30 days before its effective date because delaying the effective
date of this temporary final rule would prevent its enforcement on the
scheduled night of the event and thus, would preclude the Coast Guard
from protecting spectators and vessels from the hazards associated with
a maritime fireworks display.
B. Basis and Purpose
The organization Endurance Sports Productions is sponsoring a
triathlon: A bike, swim and run event. The swim portion of the event
will take place in Lake Erie. The participants will begin by jumping
off the ferry boat JET EXPRESS II at the designated position, then swim
to the dedicated position on shore. This swim portion will take place
on September 9, 2012 at approximately 8:00 a.m. and will last about an
hour. The Captain of the Port Detroit has determined that the swim
portion of the event will pose certain public hazards. Such hazards
include obstructions to the waterway that may cause marine casualties
and vessels colliding with swimmers that may cause death or serious
bodily harm. With aforementioned hazards in mind, the Captain of the
Port Detroit has determined that a temporary safety zone is necessary
to ensure the safety of participants and vessels during the practice,
the half triathlon, and the triathlon events.
C. Discussion of Comments, Changes and the Final Rule
As mentioned above, no comments were received during the public
comment period, and as such, no changes to the text of the rule were
made.
The temporary safety zone established herein will be effective and
enforced from 8:00 a.m. until 10:00 a.m. on September 9, 2012. The
safety zone will encompass all waters of Lake Erie within a direct line
from 41[deg]33'49'' N, 082[deg]47'8'' W to 41[deg]33'25'' N,
82[deg]48'8'' W and 15 yards on either side of direct line. 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 designated on scene patrol
personnel. 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
designated on scene representative may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under 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 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 zone created by this rule will be relatively small and enforced
for relatively short time. Also, the safety zone is designed to
minimize its impact on navigable waters. Furthermore, the safety zone
has been designed to allow vessels to transit around it. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the safety zone when permitted by the Captain of
the Port.
2. 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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule would not have a significant economic impact on a
substantial number of small entities.
This rule would 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 the Sandusky Bay of Lake Erie near
Lakeside, OH between
[[Page 50925]]
8:00 a.m. and 10 a.m. on September 9, 2012.
This 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 only approximately two hours. Also, 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. Additionally, the Coast Guard will
give advanced notice to the public via a local Broadcast Notice to
Mariners that the regulation is in effect. Moreover, the COTP will
suspend enforcement of the safety zone if the event for which the zone
is established ends earlier than the expected time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 rule so that they can better evaluate
its effects on them and participate in the rulemaking. If this rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact ENS 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
rule or any policy or action of the Coast Guard.
4. Collection of Information
This 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 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
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule 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 rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A final environmental analysis
checklist supporting this determination is available in the docket
where indicated under ADDRESSES. This rule involves the establishment
of a safety zone and thus, paragraph (34)(g) of the Instruction
applies. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0072 as follows:
[[Page 50926]]
Sec. 165.T09-0072 Safety Zone; Jet Express Triathlon, Sandusky Bay,
Lake Erie, Lakeside, OH.
(a) Location. The following area is a temporary safety zone: all
waters of Lake Erie within a direct line from 41[deg]33'49''N,
082[deg]47'8''W to 41[deg]33'25''N, 82[deg]48'8''W and 15 yards on
either side of the direct line. 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 8:00 a.m. until 10:00 a.m. on September 9,
2012.
(c) 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 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
Detroit 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 Detroit will be
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The
Captain of the Port Detroit or his designated on scene representative
may be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or 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 Detroit or his on-scene representative.
Dated: August 6, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-20190 Filed 8-22-12; 8:45 am]
BILLING CODE 9110-04-P
