Special Local Regulation; Kelley's Island Swim, Lake Erie; Kelley's Island, Lakeside, OH, 71531-71533 [2012-29134]
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Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Rules and Regulations
subject to U.S. jurisdiction is
authorized.
■ 3. Add new § 515.579 to subpart E to
read as follows:
§ 515.579 Third-country diplomatic and
consular funds transfers.
Depository institutions, as defined in
§ 515.333, are authorized to process
funds transfers for the operating
expenses or other official business of
third-country diplomatic or consular
missions in Cuba.
Dated: November 26, 2012.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
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 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
TFR Temporary Final Rule
A. Regulatory History and Information
[FR Doc. 2012–29100 Filed 11–30–12; 8:45 am]
33 CFR Part 100
On June 5, 2012, the Coast Guard
published an NPRM entitled Special
Local Regulation; Kelley’s Island Swim,
Lake Erie; Kelley’s Island, Lakeside, OH
in the Federal Register (77 FR 33130).
We did not receive any comments in
response to the proposed rule. No
public meeting was requested and none
was held.
[Docket No. USCG–2012–0386]
B. Basis and Purpose
RIN 1625–AA08
Each year an organized swimming
event takes place in Lake Erie in which
individuals swim the four miles
between Lakeside and Kelley’s Island,
OH. The Captain of the Port Detroit has
determined that swimmers in close
proximity to watercraft and in the
shipping channel pose extra and
unusual hazards to public safety and
property. Thus, the Captain of the Port
Detroit has determined that establishing
a Special Local Regulation around the
location of the race’s course will help
ensure the safety of persons and
property at these events and help
minimize the associated risks.
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Special Local Regulation; Kelley’s
Island Swim, Lake Erie; Kelley’s Island,
Lakeside, OH
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is amending
its regulations in 33 CFR part 100 by
adding a Special Local Regulation
within the Captain of the Port Detroit
Zone. This regulation is intended to
regulate vessel movement in portions of
Lake Erie during the annual Kelley’s
Island Swim. This special local
regulated area is necessary to protect
swimmers from vessel traffic.
DATES: This final rule is effective
January 2, 2013.
ADDRESSES: Documents mentioned in
this preamble are part of docket number
USCG–2012–0386. 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
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SUMMARY:
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C. Discussion of Comment, Changes and
the Final Rule
To mitigate the dangers presented by
a large number of swimmers crossing a
shipping channel during a four mile
competition, the Captain of the Port
Detroit has determined that establishing
a Special Local Regulation is necessary.
Thus, the Coast Guard is amending 33
CFR part 100 by adding § 100.921 to
establish a permanent Special Local
Regulation. The affected area
encompasses all the waters of Lake Erie
between Lakeside, OH and Kelley’s
Island, OH bound by a line extending
from a point on land at the Lakeside
dock at positions 41°32′51.96″ N;
082°45′3.15″ W and 41°32′52.21″ N;
082°45′2.19″ W and a line extending to
Kelley’s Island dock to positions
41°35′24.59″ N; 082°42′16.61″ W and
41°35′24.44″ N; 082°42′16.04″ W
(Datum: NAD 83). The precise times and
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71531
dates of enforcement for this regulated
area will be determined annually.
The Captain of the Port Detroit will
use all appropriate means to notify the
public when the Special Local
Regulation in this rule will be enforced.
Such means may include publication in
the Federal Register, Broadcast Notice
to Mariners, Local Notice to Mariners,
or, upon request, by facsimilie (fax).
Also, the Captain of the Port will issue
a Broadcast Notice to Mariners notifying
the public if enforcement of the affected
area in this section is cancelled
prematurely.
No comments were received in
response to and there are no changes to
the rule as proposed by the NPRM
published June 5, 2012.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and 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, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. 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
regulated area established by this rule
will be relatively small and enforced for
relatively short time. Also, the regulated
area is designed to minimize its impact
on navigable waters. Furthermore, this
regulated area has been designed to
allow vessels to transit the area affected
by this regulation, provided vessel
operators meet the requirements set
forth by this rule. Thus, restrictions on
vessel movements within any particular
area are expected to be minimal. On the
whole, the Coast Guard expects
insignificant adverse impact to mariners
from the activation of this regulated
area.
2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
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Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Rules and Regulations
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significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
the above portion of Lake Erie, Lakeside,
OH between 7:00 a.m. and 11:00 a.m. on
the dates of the event, which will be
determined annually. The special local
regulation 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 4 hours on the day of the
event, and vessels wishing to transit
through the affected area may do so
with caution. The Coast Guard will give
notice to the public via a local Notice
to Mariners that the regulation is in
effect. Additionally, the COTP will
suspend enforcement of the special
local regulation if the event for which
the special local regulation is
established ends earlier than the time
expected.
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. 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 the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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4. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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. 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.
7. 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.
8. 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.
9. 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.
10. 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
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Fmt 4700
Sfmt 4700
responsibilities between Federal
Government and Indian tribes.
11. 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.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
13. 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 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 rule is categorically
excluded, under figure 2–1, paragraph
(34)(h) of the Instruction and during the
annual permitting process for this
dragon boat racing event an
environmental analysis will be
conducted to include the effects of this
Special Local Regulation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
■
2. Add § 100.921 to read as follows:
§ 100.921 Special Local Regulation;
Kelley’s Island Swim, Lake Erie, Lakeside,
OH.
(a) Regulated area. The regulated area
includes all U.S. navigable waters of
lake Erie, Lakeside, OH, contained by a
line connecting the following points:
two points on land at the Lakeside dock,
41°32′51.96″ N/082°45′3.15″ W and
41°32′52.21″ N/082°45′2.19″ W, and two
points on Kelley’s Island at the Kelley’s
Island Dock, 41°35′24.59″
N/082°42′16.61″ W, and 41°35′24.44″
N/082°42′16.04″ W (Datum: NAD 83).
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Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Rules and Regulations
(b) Special Local Regulations. The
regulations of § 100.901 apply. Vessels
transiting within the regulated area shall
travel at a no-wake speed and remain
vigilant for swimmers. Additionally,
vessels shall yield right-of-way for event
participants and event safety craft and
shall follow directions given by event
representatives during the event.
(c) Enforcement period. These Special
Local Regulations will be enforced
annually. The exact enforcement date
and times will be published annually in
the Federal Register via a Notice of
Enforcement.
Dated: November 19, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2012–29134 Filed 11–30–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0954; FRL–9757–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan; Regional Haze State
Implementation Plan; Federal
Implementation Plan for Regional Haze
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is finalizing action on a
State Implementation Plan (SIP)
submittal from the State of Michigan
dated November 5, 2010, addressing
regional haze for the first
implementation period (ending in
2018). This action is being taken in
accordance with the Clean Air Act and
EPA’s rules for states to prevent and
remedy future and existing
anthropogenic impairment of visibility
in mandatory Class I areas through a
regional haze program. EPA finds that
Michigan meets several regional haze
planning requirements, including
identification of affected Class I areas,
provision of a monitoring plan,
consultation with other parties, and
adoption of a long-term strategy
providing for reasonable progress except
to the extent Michigan’s plan failed to
require best available retrofit technology
(BART). As part of this action, EPA
finds that the State’s submittal
addressed BART for some sources but
failed to satisfy BART for two sources,
namely St. Marys Cement (SMC) and
Escanaba Paper Company (Escanaba
Paper). EPA is promulgating a Federal
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SUMMARY:
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Implementation Plan (FIP) including
nitrogen oxide (NOX) emission limits for
these two sources in addition to sulfur
dioxide (SO2) emission limits for SMC
to satisfy these requirements.
DATES: This final rule is effective on
January 2, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2010–0954. All
documents are listed on the
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Charles
Hatten, Environmental Engineer, at
(312) 886–6031 before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Charles Hatten, Environmental
Engineer, Control Strategies Section, at
312–886–6031, hatten.charles@epa.gov,
regarding all elements of the action, or
John Summerhays, Environmental
Scientist, Attainment Planning and
Maintenance Section, at 312–886–6067,
summerhays.john@epa.gov, regarding
issues relating to BART. Both contacts
may be reached by mail at Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604.
SUPPLEMENTARY INFORMATION: This
supplementary information section is
arranged as follows:
I. Synopsis of Proposed Rule
II. Public Comments and EPA’s Responses
III. What are EPA’s final BART
determinations?
A. SMC
B. Escanaba Paper
IV. What actions is EPA taking?
V. Statutory and Executive Order Reviews
I. Synopsis of Proposed Rule
Michigan submitted a plan to address
regional haze on November 5, 2010.
This plan was intended to address the
requirements in Clean Air Act section
169A, as interpreted in EPA’s Regional
Haze Rule as codified in Title 40 Code
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71533
of Federal Regulations (CFR) 51.308.
The Regional Haze Rule was
promulgated on July 1, 1999 (64 FR
35713), with further significant
provisions promulgated on July 6, 2005
(70 FR 39104), that provided guidance
related to BART.
On August 6, 2012 (77 FR 46912),
EPA proposed action on Michigan’s
submittal addressing the Regional Haze
Rule for the first implementation period,
ending in 2018. That action described
the nature of the regional haze problem
and the statutory and regulatory
background for EPA’s review of
Michigan’s regional haze plan. The
action also described at length the
regional haze requirements, including
requirements for mandating BART,
consultation with other states in
establishing goals representing
reasonable further progress in mitigating
anthropogenic visibility impairment,
and adoption of limitations as necessary
to implement a long-term strategy for
reducing visibility impairment.
EPA proposed to approve Michigan’s
identification of five non-electric
generating unit (non-EGU) sources as
having sufficient impact to warrant
being subject to emission limits
representing BART. The five non-EGU
BART-eligible sources included Lafarge
Midwest, Inc.; SMC; Escanaba Paper
(referenced in the proposed rulemaking
as NewPage Paper Company); Smurfit
Stone Container Corp.; and Tilden
Mining Company.
Michigan made source-specific
determinations of BART for these nonEGU sources. In the August 6, 2012
proposed rulemaking, EPA proposed to
approve Michigan’s BART requirements
for some of the non-EGUs, based on a
Federal consent decree requiring new
controls for SO2 and NOX emissions for
the Lafarge Midwest plant and based on
existing limits at Smurfit Stone. EPA
proposed to disapprove Michigan’s plan
for BART at SMC’s facility in Charlevoix
(SMC-Charlevoix) and at Escanaba
Paper’s facility in Escanaba.
Specifically, EPA proposed to
disapprove the NOX and SO2 BART
determination for the cement kiln and
associated equipment at SMCCharlevoix and the NOX BART
determination for Boiler 8 and 9 at
Escanaba Paper. Further, EPA proposed
a FIP to impose BART NOX and SO2
limits for the cement kiln and associated
equipment for SMC-Charlevoix, and
BART NOX limits for Boilers 8 and 9 at
Escanaba Paper. EPA proposed no
action regarding Tilden Mining, since
that facility is a taconite plant that is
being addressed in a separate action that
also addresses taconite plants in
Minnesota.
E:\FR\FM\03DER1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71531-71533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29134]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG-2012-0386]
RIN 1625-AA08
Special Local Regulation; Kelley's Island Swim, Lake Erie;
Kelley's Island, Lakeside, OH
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its regulations in 33 CFR part 100
by adding a Special Local Regulation within the Captain of the Port
Detroit Zone. This regulation is intended to regulate vessel movement
in portions of Lake Erie during the annual Kelley's Island Swim. This
special local regulated area is necessary to protect swimmers from
vessel traffic.
DATES: This final rule is effective January 2, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
number USCG-2012-0386. 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 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 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
TFR Temporary Final Rule
A. Regulatory History and Information
On June 5, 2012, the Coast Guard published an NPRM entitled Special
Local Regulation; Kelley's Island Swim, Lake Erie; Kelley's Island,
Lakeside, OH in the Federal Register (77 FR 33130). We did not receive
any comments in response to the proposed rule. No public meeting was
requested and none was held.
B. Basis and Purpose
Each year an organized swimming event takes place in Lake Erie in
which individuals swim the four miles between Lakeside and Kelley's
Island, OH. The Captain of the Port Detroit has determined that
swimmers in close proximity to watercraft and in the shipping channel
pose extra and unusual hazards to public safety and property. Thus, the
Captain of the Port Detroit has determined that establishing a Special
Local Regulation around the location of the race's course will help
ensure the safety of persons and property at these events and help
minimize the associated risks.
C. Discussion of Comment, Changes and the Final Rule
To mitigate the dangers presented by a large number of swimmers
crossing a shipping channel during a four mile competition, the Captain
of the Port Detroit has determined that establishing a Special Local
Regulation is necessary. Thus, the Coast Guard is amending 33 CFR part
100 by adding Sec. 100.921 to establish a permanent Special Local
Regulation. The affected area encompasses all the waters of Lake Erie
between Lakeside, OH and Kelley's Island, OH bound by a line extending
from a point on land at the Lakeside dock at positions
41[deg]32'51.96'' N; 082[deg]45'3.15'' W and 41[deg]32'52.21'' N;
082[deg]45'2.19'' W and a line extending to Kelley's Island dock to
positions 41[deg]35'24.59'' N; 082[deg]42'16.61'' W and
41[deg]35'24.44'' N; 082[deg]42'16.04'' W (Datum: NAD 83). The precise
times and dates of enforcement for this regulated area will be
determined annually.
The Captain of the Port Detroit will use all appropriate means to
notify the public when the Special Local Regulation in this rule will
be enforced. Such means may include publication in the Federal
Register, Broadcast Notice to Mariners, Local Notice to Mariners, or,
upon request, by facsimilie (fax). Also, the Captain of the Port will
issue a Broadcast Notice to Mariners notifying the public if
enforcement of the affected area in this section is cancelled
prematurely.
No comments were received in response to and there are no changes
to the rule as proposed by the NPRM published June 5, 2012.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and 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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. 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 regulated area
established by this rule will be relatively small and enforced for
relatively short time. Also, the regulated area is designed to minimize
its impact on navigable waters. Furthermore, this regulated area has
been designed to allow vessels to transit the area affected by this
regulation, provided vessel operators meet the requirements set forth
by this rule. Thus, restrictions on vessel movements within any
particular area are expected to be minimal. On the whole, the Coast
Guard expects insignificant adverse impact to mariners from the
activation of this regulated area.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a
[[Page 71532]]
significant economic impact on a substantial number of small entities.
The term ``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in the above portion of Lake Erie, Lakeside, OH between 7:00
a.m. and 11:00 a.m. on the dates of the event, which will be determined
annually. The special local regulation 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 4 hours on the day
of the event, and vessels wishing to transit through the affected area
may do so with caution. The Coast Guard will give notice to the public
via a local Notice to Mariners that the regulation is in effect.
Additionally, the COTP will suspend enforcement of the special local
regulation if the event for which the special local regulation is
established ends earlier than the time expected.
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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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. 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.
7. 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.
8. 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.
9. 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.
10. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between Federal Government and Indian tribes.
11. 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.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 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 rule is categorically excluded,
under figure 2-1, paragraph (34)(h) of the Instruction and during the
annual permitting process for this dragon boat racing event an
environmental analysis will be conducted to include the effects of this
Special Local Regulation.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.921 to read as follows:
Sec. 100.921 Special Local Regulation; Kelley's Island Swim, Lake
Erie, Lakeside, OH.
(a) Regulated area. The regulated area includes all U.S. navigable
waters of lake Erie, Lakeside, OH, contained by a line connecting the
following points: two points on land at the Lakeside dock,
41[deg]32'51.96'' N/082[deg]45'3.15'' W and 41[deg]32'52.21'' N/
082[deg]45'2.19'' W, and two points on Kelley's Island at the Kelley's
Island Dock, 41[deg]35'24.59'' N/082[deg]42'16.61'' W, and
41[deg]35'24.44'' N/082[deg]42'16.04'' W (Datum: NAD 83).
[[Page 71533]]
(b) Special Local Regulations. The regulations of Sec. 100.901
apply. Vessels transiting within the regulated area shall travel at a
no-wake speed and remain vigilant for swimmers. Additionally, vessels
shall yield right-of-way for event participants and event safety craft
and shall follow directions given by event representatives during the
event.
(c) Enforcement period. These Special Local Regulations will be
enforced annually. The exact enforcement date and times will be
published annually in the Federal Register via a Notice of Enforcement.
Dated: November 19, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-29134 Filed 11-30-12; 8:45 am]
BILLING CODE 9110-04-P
