
[Federal Register: September 13, 2010 (Volume 75, Number 176)]
[Rules and Regulations]               
[Page 55477-55479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se10-8]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0791]
RIN 1625-AA00

 
Safety Zone; Revolution 3 Triathlon, Lake Erie & Sandusky Bay, 
Cedar Point, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Lake Erie and Sandusky Bay near Cedar Point, Ohio. The safety zone is 
intended to restrict vessels from portions of the Lake Erie during the 
Revolution 3 Cedar Point Triathlon. The temporary safety zone is 
necessary to protect participants of the swim portion of the triathlon 
race from potential hazards from vessels operating in the area.

DATES: This rule is effective from 6:30 a.m. through 9:30 a.m. on 
September 12, 2010.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2010-0791 and are available online 
by going to http://www.regulations.gov, inserting USCG-2010-0791 in the 
``Keyword'' box, and then clicking ``search.'' They are also available 
for inspection or copying at the 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, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, contact or e-mail MSTC Benjamin Wagner, Response 
Department, Marine Safety Unit Toledo, Coast Guard; telephone (419) 
418-6008, Benjamin.D.Wagner@uscg.mil. If you have questions on viewing 
the docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when an agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under U.S.C. 553 (b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because publishing an NPRM is impractical as 
the Coast Guard did not receive notification of the final details of 
this event in sufficient time to issue an NPRM without delaying this 
rulemaking. A delay or cancellation of the event in order to allow for 
a notice and comment period is contrary to the public interest because 
of the hazards associated with vessel operation in close proximity to 
swimming participants. For the same reasons under 5 U.S.C. 553(d)(3), 
the Coast Guard finds that good cause exists for making this rule 
effective less than 30 days after publication in the Federal Register. 
In addition, to the reasons stated above, this rule is intended to 
ensure the safety of the event participants, spectators, and other 
waterway users; thus any delay in the rule's effective date is 
impractical.

Background and Purpose

    The temporary safety zone is necessary to ensure the safety of 
participants of the swim portion of a triathlon race as well as the 
safety of mariners operating in the vicinity of the triathlon. 
Establishing this temporary safety zone to control vessel movement 
around the location of the triathlon swim event will help ensure the 
safety of persons and property at the event and help minimize any 
potential risks associated with the event.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone. The safety 
zone will be enforced from 6:30 a.m. through 9:30 a.m. on September 12, 
2010. This safety zone will encompass all waters of Lake Erie within 
the geographic area bounded by the following coordinates: starting at 
position 41[deg]29'06'' N, 082[deg]40'56'' W; then extending northeast 
to position 41[deg]29'37'' N, 082[deg]40'14'' W; then extending 
southeast to position 41[deg]29'14'' N, 082[deg]39'52'' W; then 
extending southwest to position

[[Page 55478]]

41[deg]28'46'' N, 082[deg]40'38'' W; then returning to the starting 
position.
    In the event of inclement weather, an alternate safety zone area 
will be utilized with the date and times remaining the same. The 
alternate location within Sandusky Bay will encompass all waters of the 
Sandusky Bay within the geographic area bounded by the following 
coordinates: starting at position 41[deg]28'22'' N, 082[deg]40'44'' W; 
then extending northwest to position 41[deg]28'45'' N, 082[deg]41'11'' 
W; then extending southeast to position 41[deg]28'12'' N, 
082[deg]41'06'' W; then returning to the starting position.
    All persons and vessels shall comply with the instructions of the 
Coast Guard Captain of the Port Detroit, or designated on-scene 
representative. Entry into, transiting, or anchoring within the safety 
zone is prohibited unless authorized by the Captain of the Port 
Detroit, or his designated on scene representative. The Captain of the 
Port Detroit, or designated on-scene representative may be contacted 
via VHF Channel 16.

Regulatory Analyses

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

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. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
    This determination is based on the minimal time that vessels will 
be restricted from the zone and because the zone is in an area where 
the Coast Guard expects minimal adverse impact to mariners from the 
zone's activation.

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 may be 
small entities: The owners or operators of vessels intending to transit 
or anchor in the applicable portions of the Lake Erie or Sandusky Bay 
near Cedar Point, OH identified below between 6:30 a.m. and 9:30 a.m. 
on September 12, 2010.
    The safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: The 
affected portions of Lake Erie and Sandusky Bay do not experience heavy 
vessel traffic on a regular basis. Any vessels that wish to utilize 
these waterways can be scheduled around the event. The safety zone will 
only be in effect during the morning of September 12, 2010 and will not 
substantially limit vessels intending to utilize the affected 
waterways. In the event that the temporary safety zone affects 
shipping, commercial vessels may request permission from the Captain of 
the Port Detroit, or designated on-scene representative to transit 
through the safety zone. The Coast Guard will give notice to the public 
via a Broadcast Notice to Mariners that the regulation is in effect. 
Additionally, the Captain of the Port Detroi, or on-scene 
representative will suspend enforcement of the safety zone if the event 
for which the zone is established ends earlier than the expected time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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.

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).

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.

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 or more in any 
one year. Though this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 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 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.

[[Page 55479]]

Energy Effects

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

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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 concluded 
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)(g), of the Instruction. This rule involves the establishment of a 
safety zone and is therefore categorically excluded under paragraph 
34(g) of the Instruction.
    A final environmental analysis check list and categorical exclusion 
determination are available in the docket where indicated under 
ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

0
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. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6; 160.5; Pub. 
L. 107-295, 116 Stat. 2064; Department of Homeland Security 
Delegation No. 0170.1.

0
2. Add temporary Sec.  165.T09-0791 is as follows:


Sec.  165.T09-0791  Safety Zone; Revolution 3 Cedar Point Triathlon, 
Lake Erie & Sandusky Bay, Cedar Point, OH.

    (a) Location. The following area is a safety zone:
    (1) Primary Safety Zone; Lake Erie. All waters of Lake Erie within 
the geographic area bounded by the following coordinates: Starting at 
position 41[deg]29'06'' N, 082[deg]40'56'' W; then extending northeast 
to position 41[deg]29'37'' N, 082[deg]40'14'' W; then extending 
southeast to position 41[deg]29'14'' N, 082[deg]39'52'' W; then 
extending southwest to position 41[deg]28'46'' N, 082[deg]40'38'' W; 
then returning to the starting position. [DATUM: NAD 83].
    (2) Alternate Safety Zone; Sandusky Bay. All waters of the Sandusky 
Bay within the geographic area bounded by the following coordinates: 
Starting at position 41[deg]28'22'' N, 082[deg]40'44'' W; then 
extending northwest to position 41[deg]28'45'' N, 082[deg]41'11'' W; 
then extending southeast to position 41[deg]28'12'' N, 082[deg]41'06'' 
W; then returning to the starting position. [DATUM: NAD 83].
    (b) Effective Period. This regulation is effective from 6:30 a.m. 
through 9:30 a.m. on September 12, 2010. This regulation will be 
enforced as follows:
    (1) On September 12, 2010 from 6:30 a.m. to 9:30 a.m., the safety 
zone listed in paragraph (a)(1) of this section will be enforced. In 
the event of inclement weather, the alternate safety zone listed in 
paragraph (a)(2) of this section will be enforced.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting or anchoring within the safety zones 
is prohibited unless authorized by the Captain of the Port Detroit, or 
designated on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Detroit, or designated on-scene 
representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Detroit is any Coast Guard commissioned, warrant, or petty officer who 
has been designated by the Captain of the Port Detroit to act on his or 
her behalf. The designated on-scene representative or 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 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 designated 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, or 
designated on-scene representative.

    Dated: August 26, 2010.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2010-22771 Filed 9-10-10; 8:45 am]
BILLING CODE 9110-04-P

