
[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Rules and Regulations]
[Pages 32394-32397]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13245]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0374]
RIN 1625-AA00


Safety Zones: Catawba Island Club Fire Works, Catawba Island 
Club, Port Clinton, OH; Racing for Recovery, Lake Erie, Sterling State 
Park, Monroe, MI; Put-in-Bay Fireworks, Fox's the Dock Pier, South Bass 
Island, Put-in-Bay, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing three temporary safety zones 
in the waters of Lake Erie in the vicinity of Catawba Island, Port 
Clinton, OH; on Lake Erie in the vicinity of

[[Page 32395]]

Sterling State Park, Monroe, MI; and on Lake Erie in the vicinity of 
South Bass Island, Put-in-Bay, OH. These zones are intended to restrict 
vessels from portions of Lake Erie during the Catawba Island Club 
Memorial Day Fireworks event, the event known as ``Racing for Recovery, 
Half & Sprint,'' and for the two fireworks events at Put-in-Bay. These 
temporary safety zones are necessary to protect people and vessels from 
the hazards associated with these events.

DATES: This rule is effective in the Code of Federal Regulations from 
June 1, 2012 until 10:30 p.m. on June 23, 2012. The safety zone has 
been enforced with actual notice since 9:15 p.m. on May 27, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2012-0374 and are available online 
by going to http://www.regulations.gov, inserting USCG-2012-0374 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, call or email the Marine Events Coordinator, ENS 
Benjamin Nessia, Marine Safety Unit, Toledo, 420 Madison Avenue, Suite 
700, Toledo, OH 43604; (419) 418-6040, email 
Benjamin.B.Nessia@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 the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 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 these rules because doing so would be impracticable. 
The details of these emergent events were not received in sufficient 
time for the Coast Guard to solicit public comments before the start of 
the fireworks and race. Thus, waiting for a notice and comment period 
to run would inhibit the Coast Guard from protecting the public and 
vessels from the hazards associated with the race and with maritime 
fireworks displays.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making these rules effective less than 30 days after 
publication in the Federal Register. Delaying these rules would be 
impracticable for the the same reasons discussed in the preceding 
paragraph.

Background and Purpose

    On May 27, 2012, the Catawba Island Club Fireworks event will be 
held on the waters of Lake Erie. The fireworks will be launched from a 
point located at position 41[deg]34'18.10'' N, 082[deg]51'18.70'' W 
(NAD 83). They will be launched approximately between the hours of 9:15 
p.m. and 9:45 p.m.
    On June 3, 2012, the Racing for Recovery Half & Sprint triathlon 
will take place on the waters of Lake Erie in the vicinity of Sterling 
State Park, Monroe, MI. The triathlon will take place from 7 a.m. until 
9 a.m.
    On June 16, 2012 and again on June 23, 2012, the Put-In-Bay 
Fireworks event will take place on the waters of Lake Erie. The 
fireworks will be launched from a point located at position 
41[deg]39'19'' N, 082[deg]48'57'' W (NAD 83). They will be launched 
approximately between the hours of 9:15 p.m. and 10:30 p.m. on each 
day.
    The Captain of the Port Detroit has determined that these fireworks 
displays and the triathlon will present hazards to participants and 
spectators. Such hazards include obstructions to the waterway that may 
cause marine casualties, vessels colliding with swimmers that may cause 
death or serious bodily harm, and the explosive danger of fireworks and 
debris falling into the water that may cause death or serious bodily 
harm.

Discussion of Rule

    Because of the aforementioned safety concerns, the Captain of the 
Port Detroit has determined that temporary safety zones are necessary 
to ensure the safety of spectators and vessels for each of the 
aforementioned events. The Catawba Island Fireworks Display safety zone 
will encompass all U.S. navigable waters of Lake Erie within a 250-yard 
radius of the fireworks launch site located at position 
41[deg]34'18.10'' N, 082[deg]51'18.70'' W (NAD 83). This safety zone 
will be enforced from 9:15 p.m. until 9:45 p.m. on May 27, 2012.
    The Racing for Recovery Half & Sprint safety zone will include all 
waters of Lake Erie bound by a line beginning onshore at 
41[deg]54''14'' N; 083[deg]20'01'' W to 41[deg]54'13'' N; 
083[deg]19'48'' W to 41[deg]54'50'' N; 083[deg]19'39'' W to 
41[deg]54'51'' N; 083[deg]19'52'' W (NAD 83), and from thence along the 
shoreline to the beginning. This safety zone will be enforced from 7 
a.m. until 9 a.m. on June 3, 2012.
    The Put-in-Bay Fireworks events safety zone will encompass all U.S. 
navigable waters of Lake Erie within a 66-yard radius of the fireworks 
launch site located at position 41[deg]39'19'' N, 082[deg]48'57'' W 
(NAD 83). This safety zone will be enforced from 9:15 p.m. until 10:30 
p.m. on June 16, 2012 and again on June 23, 2012.
    Entry into, transiting, or anchoring within the safety zones 
established by this rule is prohibited unless authorized by the Captain 
of the Port Detroit or his designated on-scene representative. The 
Captain of the Port or his on-scene representative may be contacted via 
VHF Channel 16. All persons and vessels shall comply with the 
instructions of the Coast Guard Captain of the Port or the on-scene 
representative.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number 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 them 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 during the short time 
these zones will be in effect, they 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 or legal policy issue. The safety zones will be enforced for 
a relatively short amount of time, and vessels may still pass through 
the zones with permission of the Captain of the Port Detroit.

[[Page 32396]]

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 will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will affect the following entities, some of which may be 
small entities: the owners or operators of vessels intending to transit 
or anchor in any portion of the following locations: Lake Erie, Catawba 
Island, Port Clinton, OH between 9:15 p.m. and 9:45 p.m. on May 27, 
2012; Lake Erie, Sterling State Park, Monroe, MI, from 7 a.m. until 9 
a.m. on June 3, 2012; Lake Erie, South Bass Island, Put-in-Bay, OH from 
9:15 p.m. until 10:30 p.m. on June 16, 2012 and June 23, 2012.
    The safety zones created by this rule will not have a significant 
economic impact on a substantial number of small entities for the 
following reasons: each safety zone will only be enforced for a 
relatively short time--approximately thirty minutes to two hours. In 
the event that these temporary safety zones affect shipping, commercial 
vessels may request permission from the Captain of the Port, Sector 
Detroit to transit through the safety zone(s). The Coast Guard will 
give notice to the public via a Broadcast Notice to Mariners that the 
regulations are in effect. Additionally, the COTP will suspend 
enforcement of the safety zone if the event for which the zone is 
established ends earlier than the time expected.

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 this rule so that they can 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

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.

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.

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 economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
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 Federal Government and Indian tribes.

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 they are 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 this rule 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

[[Page 32397]]

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) 
of the Instruction because it involves the establishment of safety 
zones. An 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.

    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. Chapter 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. Add Sec.  165.T09-0374 to read as follows:


Sec.  165.T09-0374  Safety Zones; Catawba Island Club Fireworks, Lake 
Erie, Catawba Island Club, Port Clinton, OH, Racing for Recovery Half & 
Sprint, Triathlon, Lake Erie, Sterling State Park, Monroe, MI, Put-in-
Bay Fireworks, Lake Erie, Put-in-Bay OH, Put-in-Bay Fireworks, Lake 
Erie, Put-in-Bay OH.

    (a) Catawba Island Club Fireworks. (1) Location. The following area 
is a temporary safety zone: all U.S. navigable waters of Lake Erie 
within a 250-yard radius of the fireworks launch site located at 
position 41[deg]34[min]18.10[sec] N, 082[deg]51[min]18.70[sec] W (NAD 
83).
    (2) Enforcement period. This safety zone will be enforced between 
9:15 p.m. until 9:45 p.m. on May 27, 2012.
    (b) Racing for Recovery Half & Sprint Triathlon. (1) Location. The 
following area is a temporary safety zone: all waters of Lake Erie 
bound by a line beginning onshore at 41[deg]54[min]14[sec] N; 
083[deg]20[min]01[sec] W to 41[deg]54[min]13[sec] N; 
083[deg]19[min]48[sec] W to 41[deg]54[min]50[sec] N; 
083[deg]19[min]39[sec] W to 41[deg]54[min]51[sec] N; 
083[deg]19[min]52[sec] W (NAD 83), and from thence along the shoreline 
to the beginning.
    (2) Enforcement period. This safety zone will be enforced between 7 
a.m. until 9 a.m. on June 3, 2012.
    (c) Put-in-Bay Fireworks. (1) Location. The following area is a 
temporary safety zone: all U.S. navigable waters of Lake Erie within a 
66-yard radius of the fireworks launch site located at position 
41[deg]39[min]19[sec] N, 082[deg]48[min]57[sec] W (NAD 83).
    (2) Enforcement period. This safety zone will be enforced between 
9:15 p.m. and 10:30 p.m. on June 16, 2012 and again on June 23, 2012.
    (d) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within the safety zones established by this rule is prohibited unless 
authorized by the Captain of the Port Detroit, or his designated on-
scene representative.
    (2) These safety zones are 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 is 
any Coast Guard commissioned, warrant, or 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 will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on scene representative may be contacted via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within these 
safety zones 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 these 
safety zones must comply with all directions given to them by the 
Captain of the Port or his on-scene representative.

    Dated: May 17, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-13245 Filed 5-31-12; 8:45 am]
BILLING CODE 9110-04-P


