[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Proposed Rules]
[Pages 24880-24883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10021]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the waters of Lake Erie in the vicinity of East Harbor State Park, 
OH, from 8 a.m. until 10 a.m. on September 9, 2012. This proposed 
safety zone is intended to restrict vessels from portions of Lake Erie 
during the Jet Express Triathlon. This proposed safety zone is 
necessary to protect participants, spectators and vessels from the 
hazards associated with triathlon event.

DATES: Comments and related materials must be received by the Coast 
Guard on or before May 29, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0072 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email ENS Benjamin Nessia, Response Department, Marine 
Safety Unit Toledo, Coast Guard; telephone (419) 418-6040, email 
<a href="/cdn-cgi/l/email-protection#86c4e3e8ece7ebefe8a8c4a8c8e3f5f5efe7c6f3f5e5e1a8ebefea"><span class="__cf_email__" data-cfemail="b0f2d5dedad1ddd9de9ef29efed5c3c3d9d1f0c5c3d3d79eddd9dc">[email protected]</span></a>. 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0072), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (via http://www.regulations.gov) or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment submitted online via www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rule'' and insert ``USCG-2012-0072'' in the ``Keyword'' box. 
If you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

[[Page 24881]]

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0072'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
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. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting, but you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why you believe a public meeting would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background 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 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.

Discussion of Proposed Rule

    With aforementioned hazards in mind, the Captain of the Port 
Detroit believes 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 proposed temporary safety 
zone would be effective and enforced from 8 a.m. until 10 a.m. on 
September 9, 2012. The safety zone would 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 would have to 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 would be 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.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 proposed rule is not a 
significant regulatory action because we anticipate that it will have 
minimal impact on the economy, will not interfere with other agencies, 
will not adversely alter the budget of any grant or loan recipients, 
and will not raise any novel legal or policy issues. The safety zone 
created by this proposed rule will be relatively small and enforced for 
a 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would affect the following entities, some of 
which 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 8 a.m. and 10 a.m. on September 
9, 2012.
    This proposed safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: This proposed 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 proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If this 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have

[[Page 24882]]

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 
<a href="/cdn-cgi/l/email-protection#165473787c777b7f78385438587365657f775663657571387b7f7a"><span class="__cf_email__" data-cfemail="8bc9eee5e1eae6e2e5a5c9a5c5eef8f8e2eacbfef8e8eca5e6e2e7">[email protected]</span></a>. The Coast Guard will not retaliate against 
small entities that question or complain about this proposed rule or 
any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed 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.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under ADDRESSES. This proposed 
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 proposed 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 proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as 
follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

    2. Add Sec.  165.T09-0072 as follows:


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 41-33'-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).
    (b) Effective and Enforcement Period. This regulation will be 
enforced from 8 a.m. until 10 a.m. on September 9, 2012.
    (c) Regulations.
    (1) In accordance with the general regulations in section 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

[[Page 24883]]

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: March 29, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-10021 Filed 4-25-12; 8:45 am]
BILLING CODE 9110-04-P


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