Safety Zones; Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Sandusky, OH, 16675-16677 [2014-06705]
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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations
financial integrity of futures markets; (3)
price discovery; (4) sound risk
management practices; and (5) other
public interest considerations.24 The
Commission considers the costs and
benefits resulting from its discretionary
determinations with respect to the
section 15(a) factors.
This interim final rule does not
represent an exercise of Commission
discretion that alters substantive rights
and obligations imposed by statute and
Commission rule currently. As
discussed earlier, the interim final rule
merely clarifies the existing scope of
§ 49.17(f)(2) by making explicit a
statutory limitation that, absent this
clarification, applies implicitly: The
exception to the general prohibition
against market participant access to SDR
data does not sanction practices that
contravene the statutory privacy
requirements of CEA section 21(c)(6). As
such, substantively, the interim final
rule poses no incremental costs or
benefits relative to regulatory
requirements that are now operative.25
This interim final rule is not void of
any discretionary element, however. By
issuing the interim final rule, the
Commission is exercising its discretion
to clarify, by amendment, the existing
scope of § 49.17(f)(2), rather than
leaving this regulatory provision in its
current form. By making explicit a
limitation on the scope of § 49.17(f)(2)
that exists by virtue of the statutory
privacy requirements of CEA section
21(c)(6), the interim final rule addresses
a potential source of uncertainty for
market participants,26 and, in so doing,
promotes the public interests in market
integrity and, more generally, in
regulatory clarity and certainty.
Conversely, the Commission sees no
costs resultant from this discretionary
act of clarification.27
24 CEA
section 15(a).
with these existing requirements
may, however, entail some expenditure. For
example, to comply with CEA section 21(c)(6)
registered SDRs may incur certain costs associated
with programming their systems to recognize swaps
that are executed anonymously on a SEF or a DCM
and cleared, as described herein, and to prevent a
counterparty’s access to the identity and LEI of the
other counterparty to such a swap, and such
counterparty’s clearing member for the swap.
26 See note 15, supra.
27 The Commission recognizes that if, to date, any
market participant has not read § 49.17(f)(2) with
reference to the statutory privacy limitations of CEA
section 21(c)(6), the market participant may have
developed systems and processes that require
modification to comply with these statutory
limitations. In any such case, the clarifying
amendment effected by this interim final rule
should alert the market participant to the need for
modification. Such modification may entail some
cost to implement. However, any such modification
costs would not arise from the Commission’s
exercise of its discretion, in this interim final rule,
emcdonald on DSK67QTVN1PROD with RULES
25 Complying
VerDate Mar<15>2010
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Jkt 232001
List of Subjects in 17 CFR Part 49
Swap data repositories, Registration
and regulatory requirements.
For the reasons stated in the
preamble, the Commodity Futures
Trading Commission amends 17 CFR
part 49 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 49—SWAP DATA
REPOSITORIES
16675
RIN 1625–AA00
1. The authority citation for part 49
continues to read as follows:
■
Authority: 7 U.S.C. 12a and 24a, as
amended by Title VII of the Wall Street
Reform and Consumer Protection Act, Pub. L.
111–203, 124 Stat. 1376 (2010), unless
otherwise noted.
2. Revise § 49.17(f)(2) to read as
follows:
■
§ 49.17
Access to SDR data.
*
*
*
*
*
(f) * * *
(2) Exception. Data and information
related to a particular swap that is
maintained by the registered swap data
repository may be accessed by either
counterparty to that particular swap.
However, the data and information
maintained by the registered swap data
repository that may be accessed by
either counterparty to a particular swap
shall not include the identity or the
legal entity identifier (as such term is
used in part 45 of this chapter) of the
other counterparty to the swap, or the
other counterparty’s clearing member
for the swap, if the swap is executed
anonymously on a swap execution
facility or designated contract market,
and cleared in accordance with
Commission regulations in §§ 1.74,
23.610, and 37.12(b)(7) of this chapter.
*
*
*
*
*
Issued in Washington, DC, on March 20,
2014, by the Commission.
Christopher J. Kirkpatrick,
Deputy Secretary of the Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
Appendix to Swap Data Repositories—
Access to SDR Data by Market
Participants—Commission Voting
Summary
On this matter, Acting Chairman Wetjen
and Commissioners Chilton and O’Malia
voted in the affirmative. No Commissioner
voted in the negative.
[FR Doc. 2014–06574 Filed 3–25–14; 8:45 am]
BILLING CODE 6351–01–P
to clarify § 49.17(f)(2) by making explicit an existing
statutory limitation on the scope of this regulatory
provision. Such modification costs would be
required to achieve statutory compliance regardless
of whether or not the Commission provided such
clarification through this interim final rule.
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0730]
Safety Zones; Revolution 3 Triathlon,
Lake Erie, Sandusky Bay, Sandusky,
OH
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing two permanent safety zones
on Lake Erie near Sandusky, OH that
will be enforced two consecutive
mornings annually during the first or
second weekend in September. This is
intended to restrict vessel traffic during
the swim portion of the Revolution 3
Triathlon in Lake Erie and Sandusky
Bay, Sandusky, OH, and is necessary to
protect participants, spectators, and
vessels from the hazards associated with
a triathlon event.
DATES: This final rule is effective April
25, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2012–0730. 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 MST1 Ian Fallon, Response
Department, Marine Safety Unit Toledo,
Coast Guard; telephone (419)418–6046,
email Ian.M.Fallon@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
The Coast Guard published two TFRs
both entitled Safety Zones; Revolution 3
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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations
Triathlon, Lake Erie, Sandusky Bay,
Cedar Point, OH in the Federal Register
for this event 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
decided to establish permanent safety
zones and thus, alleviate the need to
publish TFRs in the future.
On August 16, 2012, the Coast Guard
published an NPRM entitled Safety
Zones; Revolution 3 Triathlon, Lake
Erie, Sandusky Bay, Cedar Point, OH in
the Federal Register (77 FR 49401) and
again on June 14, 2013, the Coast Guard
published an NPRM with the same
proposed regulatory text (78 FR 35789).
We did not receive any comments in
response to the proposed rule after
either publication. No public meeting
was requested and none was held.
emcdonald on DSK67QTVN1PROD with RULES
B. Basis and Purpose
Each year, the Revolution 3 Triathlon
occurs at Cedar Point near Sandusky,
OH. This event occurs 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 in the
event of inclement weather. 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. Thus, the Captain of the Port
Detroit is establishing a permanent
safety zone in the vicinity of the
primary and alternate swimming
courses to protect against injuries and
fatalities.
C. Discussion of Comments, Changes
and the Final Rule
As noted, we received no comments
on the 2012 (77 FR 49401) or 2013 (78
FR 35789) NPRMs, and we didn’t make
any substantive changes from the
location or enforcement periods. We
did, however, place these safety zones
in the existing 33 CFR 165.941, which
has 59 other safety zones for annual
events in the Captain of the Port Detroit
Zone, instead of creating a separate
§ 165.917.
As suggested above, the safety zones
created by this rule are intended to
ensure the safety of participants and of
the public and vessels during the
Revolution 3 Triathlon. These safety
zones will be enforced annually on two
consecutive days during the first or
second weekend of September. On each
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16:11 Mar 25, 2014
Jkt 232001
day, it is expected that these safety
zones will be enforced from 6:50 a.m.
until 10 a.m. The exact dates and times
of enforcement, however, will be
determined annually and the Captain of
the Port will issue a Notice of
Enforcement to notify the public.
The safety zone created by this rule
for the primary race course encompasses
all waters of Lake Erie, Sandusky Bay,
Cedar Point, OH within a line starting
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, and 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 triathlon organizers to
change the locations of the swimming
leg, the alternate race course safety zone
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
established by this rule will be enforced.
Such means will include a notice of
enforcement published annually in the
Federal Register, and consistent with 33
CFR 165.7(a), may include, among other
things, 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 the enforcement of these
safety zones in this section is cancelled
prematurely.
Entry into, transiting, or anchoring
within these 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.
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 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 safety
zones established by this rule will be
relatively small and enforced for
relatively short time. Also, each safety
zone is designed to minimize its impact
on navigable waters. 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.
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 or executive
orders.
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 process. 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
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
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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
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 would not
have a significant economic impact on
a substantial number of small entities.
This rule will 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 safety zones
is being enforced.
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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations
listed in FOR FURTHER INFORMATION
CONTACT section, 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.
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
4. Collection of Information
11. Indian Tribal Governments
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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.
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.
emcdonald on DSK67QTVN1PROD with RULES
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 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 will not cause a taking of
private property or otherwise have
taking implications under Executive
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16:11 Mar 25, 2014
Jkt 232001
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.
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
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 rule
involves the establishment of safety
zones and thus, is categorically
excluded under paragraph (34)(g) of the
Instruction. An environmental analysis
checklist supporting this determination
is available in the docket where
indicated under ADDRESSES. We seek
any comments or information that may
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16677
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. Amend § 165.941 by adding
paragraph (a)(60) to read as follows:
■
§ 165.941 Safety Zones; Annual Events in
the Captain of the Port Detroit Zone.
(a) * * *
(60) Revolution 3 Triathlon, Lake Erie,
Sandusky Bay, Cedar Point, OH—
(i) Locations. 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 triathlon
organizers to change the locations of the
swimming leg, the safety zones will
alternatively 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
(NAD 83) running adjacent to the Cedar
Point Marina.
(ii) Enforcement period: Two
consecutive mornings during the first or
second weekend in September. Exact
dates and times will be determined
annually and the Captain of the Port
will publish a Notice of Enforcement to
inform the public.
*
*
*
*
*
Dated: January 22, 2014.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2014–06705 Filed 3–25–14; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Rules and Regulations]
[Pages 16675-16677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06705]
=======================================================================
-----------------------------------------------------------------------
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,
Sandusky, OH
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing two permanent safety zones on
Lake Erie near Sandusky, OH that will be enforced two consecutive
mornings annually during the first or second weekend in September. This
is intended to restrict vessel traffic during the swim portion of the
Revolution 3 Triathlon in Lake Erie and Sandusky Bay, Sandusky, OH, and
is necessary to protect participants, spectators, and vessels from the
hazards associated with a triathlon event.
DATES: This final rule is effective April 25, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-0730. 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 MST1 Ian Fallon, Response Department, Marine Safety Unit
Toledo, Coast Guard; telephone (419)418-6046, email
Ian.M.Fallon@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, 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
The Coast Guard published two TFRs both entitled Safety Zones;
Revolution 3
[[Page 16676]]
Triathlon, Lake Erie, Sandusky Bay, Cedar Point, OH in the Federal
Register for this event 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 decided to establish
permanent safety zones and thus, alleviate the need to publish TFRs in
the future.
On August 16, 2012, the Coast Guard published an NPRM entitled
Safety Zones; Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar
Point, OH in the Federal Register (77 FR 49401) and again on June 14,
2013, the Coast Guard published an NPRM with the same proposed
regulatory text (78 FR 35789). We did not receive any comments in
response to the proposed rule after either publication. No public
meeting was requested and none was held.
B. Basis and Purpose
Each year, the Revolution 3 Triathlon occurs at Cedar Point near
Sandusky, OH. This event occurs 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 in the event of inclement weather.
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.
Thus, the Captain of the Port Detroit is establishing a permanent
safety zone in the vicinity of the primary and alternate swimming
courses to protect against injuries and fatalities.
C. Discussion of Comments, Changes and the Final Rule
As noted, we received no comments on the 2012 (77 FR 49401) or 2013
(78 FR 35789) NPRMs, and we didn't make any substantive changes from
the location or enforcement periods. We did, however, place these
safety zones in the existing 33 CFR 165.941, which has 59 other safety
zones for annual events in the Captain of the Port Detroit Zone,
instead of creating a separate Sec. 165.917.
As suggested above, the safety zones created by this rule are
intended to ensure the safety of participants and of the public and
vessels during the Revolution 3 Triathlon. These safety zones will be
enforced annually on two consecutive days during the first or second
weekend of September. On each day, it is expected that these safety
zones will be enforced from 6:50 a.m. until 10 a.m. The exact dates and
times of enforcement, however, will be determined annually and the
Captain of the Port will issue a Notice of Enforcement to notify the
public.
The safety zone created by this rule for the primary race course
encompasses all waters of Lake Erie, Sandusky Bay, Cedar Point, OH
within a line starting 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, and 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 triathlon
organizers to change the locations of the swimming leg, the alternate
race course safety zone 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 established by this rule will
be enforced. Such means will include a notice of enforcement published
annually in the Federal Register, and consistent with 33 CFR 165.7(a),
may include, among other things, 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 the enforcement of these safety zones in this section is
cancelled prematurely.
Entry into, transiting, or anchoring within these 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 rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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 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 safety zones
established by this rule will be relatively small and enforced for
relatively short time. Also, each safety zone is designed to minimize
its impact on navigable waters. 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.
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 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
would not have a significant economic impact on a substantial number of
small entities.
This rule will 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 safety zones is being enforced.
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 process. 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
[[Page 16677]]
listed in FOR FURTHER INFORMATION CONTACT section, 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. 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 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 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 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
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
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 rule involves the establishment
of safety zones and thus, is categorically excluded under paragraph
(34)(g) of the Instruction. An 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
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. Amend Sec. 165.941 by adding paragraph (a)(60) to read as follows:
Sec. 165.941 Safety Zones; Annual Events in the Captain of the Port
Detroit Zone.
(a) * * *
(60) Revolution 3 Triathlon, Lake Erie, Sandusky Bay, Cedar Point,
OH--
(i) Locations. 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 triathlon organizers to change the locations of
the swimming leg, the safety zones will alternatively 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 (NAD 83)
running adjacent to the Cedar Point Marina.
(ii) Enforcement period: Two consecutive mornings during the first
or second weekend in September. Exact dates and times will be
determined annually and the Captain of the Port will publish a Notice
of Enforcement to inform the public.
* * * * *
Dated: January 22, 2014.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2014-06705 Filed 3-25-14; 8:45 am]
BILLING CODE 9110-04-P
