The Coast Guard proposes to establish a permanent Special Local Regulation on Lake Erie, Lakeside, Ohio. This regulation is intended to regulate vessel movement in portions of Lake Erie during the annual Kelley's Island Swim. This special local regulated area is necessary to protect swimmers from vessel traffic.
Comments and related materials must be received by the Coast Guard on or before July 5, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2012-0386 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
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email ENS Benjamin Nessia, Response Department, MSU
Toledo, Coast Guard; telephone (419) 418-6040, email
Benjamin.B.Nessia@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.
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.
If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0386), 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 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 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-2012-0386'' 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-2012-0386'' 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
Anyone can search the electronic form of comments received into any
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).
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
Basis and Purpose
Each year an organized swimming event takes place in Lake Erie in
which individuals swim the four miles between Lakeside and Kelley's
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. Thus, the
Captain of the Port Detroit has determined that 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
To alleviate the extra and unusual hazards mentioned above, the
Captain of the Port Detroit has determined that it is necessary to
establish a Special Local Regulation. Accordingly, this proposed rule
is intended to permanently establish a Special Local Regulation that
coincides with the annual Kelley's Island Swim. The proposed Special
Local Regulation will only be enforced annually on a single day in the
second or third week in July from approximately 7:00 a.m. until 11:00
a.m. Due to the presence of swimmers in the water between Lakeside, OH
and Kelley's Island, OH, the Coast Guard proposes that all vessels
transiting the swim route shall proceed at a no-wake speed and maintain
extra vigilance for people in the water. In addition, it is proposed
that all vessels in the area yield right-of-way to swimmers and event
safety craft. On-scene representatives may direct vessels to transit
within or avoid certain areas during the race.
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 will include an annual publication of a Notice of
Enforcement (NOE) in the Federal Register. Also, means of notification
may include Broadcast Notice to Mariners and Local Notice to Mariners.
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 proposed
Special Local Regulation will cover a relatively small area and exist
for a relatively short time, and vessels will still be permitted to
travel through the area, albeit with caution and reduced speed. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal.
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
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 and operators of vessels
intending to transit or anchor in the portion Lake Erie, Lakeside, OH
discussed above during the date and time of enforcement in 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 same
reasons discussed in above Regulatory Planning and Review section.
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 process.
If this proposed rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact ENS Benjamin
Nessia, Response Department, MSU Toledo, Coast Guard; telephone (419)
418-6040, email Benjamin.B.Nessia@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).
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
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.
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.
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
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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 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
Marine safety, Navigation (water), Reporting and recordkeeping
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
Authority: 33 U.S.C. 1233.
2. Add 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.
(Datum: NAD 83).
(b) Special Local Regulations. The regulations of Sec. 100.901
apply. Vessels transiting within the regulated area shall travel at a
no-wake speed and remain vigilant for swimmers. Additionally, vessels
shall yield right-of-way for event participants and event safety craft
and shall follow directions given by event representatives during the
(c) Enforcement Period. These Special Local Regulations will be
enforced annually on a single day in the second or third week in July
from 7:00 a.m. until 11:00 a.m. The precise date and times of
enforcement will be published annually in the Federal Register via a
Notice of Enforcement.