
[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Proposed Rules]
[Pages 30884-30887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13181]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2011-0247]
RIN 1625-AA08


Special Local Regulation; Kelley's Island Swim, Lake Erie; 
Kelley's Island, Lakeside, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes establishing a permanent Special 
Local Regulation on Lake Erie, Lakeside, Ohio. This regulation is 
intended to restrict vessels from portions of Lake Erie during the 
annual Kelley's Island Swim, which takes place in the second half of 
July. This special local regulated area is necessary to protect 
swimmers from vessel traffic.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 16, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0247 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 e-mail BM1 Tracy Girard, Response Department, MSU Toledo, 
Coast Guard; telephone (419) 418-6036, e-mail Tracy.M.Girard@uscg.mil. 
If you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

[[Page 30885]]

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-2011-0247), 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 online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when the comment is successfully 
transmitted; a comment submitted via fax, hand delivery, or mail, will 
be considered as having been received by the Coast Guard when the 
comment is received at the Docket Management Facility. We recommend 
that you include your name and a mailing address, an e-mail 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-2011-0247'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. 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.

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-2011-0247'' 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.

Basis and Purpose

    Each year an organized swimming event takes place in Lake Erie in 
which individuals swim the four miles between Lakeside and Kelleys 
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. 
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.

Discussion of Proposed Rule

    This proposed rule is intended to ensure safety of the public and 
vessels during the annual Kelley's Island Swim. This proposed rule will 
become effective 30 days after the final rule is published in the 
Federal Register and will remain permanently effective. However, the 
proposed Special Local Regulation will only be enforced annually on the 
second or third week in July from 7 a.m. until 11 a.m. Vessels seeking 
to transit through the area of the race should contact the Captain of 
the Port or his or her on-scene representative. The on-scene 
representative may be present on any Coast Guard, state or local law 
enforcement, or sponsor provided vessel assigned to patrol the event. 
The on-scene representatives may permit vessels to transit the area 
when no race activity is occurring.
    This proposed Special Local Regulation will encompass all navigable 
waters of the United States on Lake Erie, Lakeside 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.
    The Captain of the Port will notify the affected segments of the 
public of the enforcement of this proposed Special Local Regulation by 
all appropriate means. Means of notification may include publication of 
Notice of Enforcement (NOE) in the Federal Register, Broadcast Notice 
to Mariners, and Local Notice to Mariners.

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 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 that Executive Order 12866 
or under section 1 of Executive Order 13563. The Office of Management 
and Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this 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 Special Local Regulation will be relatively small and exist for a 
relatively short time. Thus, restrictions on vessel movement within 
that particular area are expected to be minimal. Under certain

[[Page 30886]]

conditions, moreover, vessels may still transit through the area 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 will affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
intending to transit or anchor in the portion Lake Erie, Lakeside, OH 
discussed above between 7 a.m. and 11 a.m. on the second or third week 
in July each year.
    This proposed Special Local Regulation will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: This proposed rule, while permanent, will only be 
enforced for approximately 4 hours each year on the day of the swimming 
event.
    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 the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact BM1 Tracy Girard, Response 
Department, MSU Toledo, Coast Guard; telephone (419) 418-6036, e-mail 
Tracy.m.girard@uscg.mil. 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 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 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 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.

Civil Justice Reform

    This proposed rule will meet 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 proposed rule is not an economically significant rule and 
will 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 will 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. This proposed rule 
involves the establishment of a Special Local Regulation and is 
therefore categorically excluded under figure 2-1, paragraph (34)(h), 
of the Instruction. During the annual permitting process for this 
swimming

[[Page 30887]]

event an environmental analysis will be conducted to include the 
effects of this proposed Special Local Regulation. Thus, no preliminary 
environmental analysis checklist or Categorical Exclusion Determination 
(CED) are required for this proposed rulemaking action. 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 100

    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 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as 
follows:

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.921 to read as follows:


Sec.  100.921  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, 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.1'35.78'' W. (DATUM: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901 
apply. No vessel may enter, transit through, or anchor within the 
regulated area without the permission of the Coast Guard Patrol 
Commander.
    (c) Enforcement Period. These Special Local Regulations will be 
enforced annually on one day from 7 a.m. until 11 a.m. during the 
second or third week in July.

    Dated: May 11, 2011.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2011-13181 Filed 5-26-11; 8:45 am]
BILLING CODE 9110-04-P


