
[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53675-53677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21176]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0546]
RIN 1625-AA00


Safety Zone; Lake Erie Heritage Foundation, Battle of Lake Erie 
Reenactment; Lake Erie, Put-in-Bay, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of Lake Erie in the vicinity of Put-In-Bay, OH. This safety zone 
is intended to restrict vessels from a portion of Lake Erie during 
Battle of Lake Erie Reenactment near Put-In-Bay. This temporary safety 
zone is necessary to protect people and vessels from the hazards 
associated with this event.

DATES: This rule will be effective and enforced from 8 a.m. until 6 
p.m. on September 2, 2013.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2013-0546 and are available online 
by going to www.regulations.gov, inserting USCG-2013-0546 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 final rule, contact or email MST1 Ian M. Fallon, U.S. Coast 
Guard Marine Safety Unit Toledo, at (419) 418-6036 or 
Ian.M.Fallon@uscg.mil. If you have questions on viewing the docket, 
call Barbara Hairston, 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 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 this rule because doing so would be impracticable and 
contrary to the public interest. The details of this emergent event 
were not received in sufficient time for the Coast Guard to solicit 
public comments before the start of the maritime event. Thus, waiting 
for a notice and comment period to run

[[Page 53676]]

would inhibit the Coast Guard from protecting the public and vessels 
from the hazards associated with this marine event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this temporary rule effective less than 30 days after 
publication in the Federal Register. For the same reasons discussed in 
the preceding paragraph, waiting for a 30 day notice period to run 
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    To mitigate the dangers presented by this event, the Captain of the 
Port Detroit has determined that a safety zone is necessary. This 
safety zone will be effective and enforced in Lake Erie on Monday, 
September 2, 2013 from 8 a.m. until 6 p.m. while participants sail tall 
ships to the site of the Battle of Lake Erie Reenactment at position 
41[deg]45'24.0'' N; 082[deg] 57'45.0'' W. These coordinates are North 
American Datum of 1983 (NAD 83). Black powder charges will be fired 
from cannons as the ships reenact the original battle fought in 1813. 
This reenactment is intended for public viewing, and as such poses a 
significant risk to public safety and property due to the proximity of 
spectator vessels. Thus, the Captain of the Port Detroit has determined 
it necessary to establish a safety zone centered on the battle 
reenactment support vessels to ensure the safety of persons and 
property and help minimize the associated risks.

C. Discussion of Rule

    Because of the aforementioned safety concerns, the Captain of the 
Port Detroit has determined a temporary safety zone is necessary to 
ensure the safety of spectators and vessels during the maritime battle 
reenactment. The Battle of Lake Erie Reenactment safety zone will 
encompass all U.S. navigable waters of Lake Erie within a 500-yard 
radius of the reenactment support vessels located near position 41[deg] 
45'24.0'' N; 082[deg]57'45.0'' W (NAD 83).
    This temporary rule creates a safety zone for each Battle of Lake 
Erie Reenactment support vessel. In a separate temporary rule (78 FR 
44014, July 23, 2013), the Coast Guard created a safety zone around 
each Tall Ship during the Battle of Lake Erie Reenactment.
    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. 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.

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 and 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 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 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 rule will be relatively small and enforced for relatively short 
time. Also, the safety zone is designed to minimize their impact on 
navigable waters. Furthermore, restrictions on vessel movement within 
the area of the safety zone expected to be minimal. Under certain 
conditions, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 might 
be small entities: the owners or operators of vessels intending to 
transit or anchor in designated portions of Lake Erie, OH from 8 a.m. 
through 6 p.m. on September 2, 2013.
    The safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: the 
safety zone will be activated, and thus subject to enforcement, for 
only a short period of time. Traffic may be allowed to pass through the 
zone with the permission of the Captain of the Port. The Captain of the 
Port can be reached via VHF channel 16. Before the activation of the 
zone, the Coast Guard will issue a Broadcast Notice to Mariners.

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. 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 the person listed in the 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 will not call for a 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 the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

[[Page 53677]]

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 will 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 does not create an 
environmental risk to health or risk to safety that may 
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 determined 
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 rule involves the establishment of a temporary safety 
zone that is less than one week in duration. Therefore, it is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. Nonetheless, we have prepared 
an environmnental analysis checklist supporting this determination and 
Categorical Exclusion Determination which are both 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 record 
keeping 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.T09-0546 to read as follows:


Sec.  165.T09-0546  Safety Zone; Lake Erie Heritage Foundation, Battle 
of Lake Erie Reenactment; Lake Erie, Put-in-Bay, OH.

    (a) Location. The following area is a temporary safety zone: All 
U.S. navigable waters of Lake Erie within a 500-yard radius of each 
Battle of Lake Erie Reenactment support vessel located near position 
41[deg]45'24'' N, 082[deg]57'45'' W. All coordinates are North American 
Datum 1983 (NAD83).
    (b) Effective and enforcement period. This section will be 
effective and enforced from 8 a.m. through 6 p.m. on September 2, 2013.
    (c) Regulations. (1) In accordance with the general regulations in 
section 165.23 of this part, entry into, transiting, or anchoring 
within these safety zone is prohibited unless authorized by the Captain 
of the Port, Sector Detroit or his 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, Sector Detroit or his 
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port, 
Sector Detroit is any Coast Guard commissioned, warrant or petty 
officer or a Federal, State, or local law enforcement officer 
designated by or assisting the Captain of the Port, Sector Detroit to 
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port, Sector Detroit or his on-
scene representative to obtain permission to do so. The Captain of the 
Port, Sector Detroit or his on-scene representative may be contacted 
via VHF Channel 16 or at 313-568-9464. 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, Sector Detroit, or 
his on-scene representative.

    Dated: August 15, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-21176 Filed 8-29-13; 8:45 am]
BILLING CODE 9110-04-P


