82 FR 32632 - Safety Zone; 28th Annual Lake Erie Open Water Swim; Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 135 (July 17, 2017)

Page Range		32632-32634
FR Document		2017-14902

The Coast Guard is establishing a temporary safety zone for certain waters of Lake Erie. This safety zone is intended to restrict vessels from a portion of Lake Erie during the 28th Annual Lake Erie Open Water Swim. This temporary safety zone is necessary to protect swimmers from vessels operating in the area. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Buffalo.

Federal Register, Volume 82 Issue 135 (Monday, July 17, 2017)

[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Rules and Regulations]
[Pages 32632-32634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14902]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0675]
RIN 1625-AA00


Safety Zone; 28th Annual Lake Erie Open Water Swim; Lake Erie, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
certain waters of Lake Erie. This safety zone is intended to restrict 
vessels from a portion of Lake Erie during the 28th Annual Lake Erie 
Open Water Swim. This temporary safety zone is necessary to protect 
swimmers from vessels operating in the area. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port Buffalo.

DATES: This rule is effective from 6:45 a.m. through 10:15 a.m. on July 
15, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0675 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 the event sponsor did not submit 
notice to the Coast Guard with sufficient time remaining before the 
event to publish an NPRM. Delaying the effective date of this rule to 
wait for a comment period to run would be impracticable and contrary to 
the public interest by inhibiting the Coast Guard's ability to protect 
event participants from the hazards associated with an open water swim.
    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 because doing so would be 
impracticable and contrary to the public interest. Delaying the 
effective date would be contrary to the rule's objectives of ensuring 
safety of life on the navigable waters and protection of persons and 
vessels near the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo (COTP) has determined that a 
large scale swimming event on a navigable waterway will pose a 
significant risk to participants and the boating public. This rule is 
needed to protect personnel, vessels, and the marine environment in the 
navigable waters within the safety zone while the Lake Erie Open Water 
Swim is happening.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:45 a.m. through 10:15 
a.m. on July 15, 2017. The safety zone will encompass all waters of 
Lake Erie, Cleveland, OH south of a line drawn between positions 
41[deg]29'30'' N., 081[deg]44'21'' W. and 41[deg]29'21'' N., 
081[deg]45'04'' W. (NAD 83) to the shore. No vessel or person will be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The Captain of the Port or his 
designated representative may be contacted via VHF Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 a relatively short time. Also, the 
safety zone is designed to minimize its impact on navigable waters. 
Furthermore, the safety zone has been designed to allow vessels to 
transit around it. Thus, restrictions on vessel movement within that 
particular area are expected to be minimal. Under certain conditions, 
moreover, vessels may still transit through the safety zone when 
permitted by the Captain of the Port.

[[Page 32633]]

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 a safety zone lasting 3 and a half hours that will 
prohibit vessels from entering the area designated for this event. It 
is categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration (REC) supporting this determination is available in the 
docket where indicated in the ADDRESSES section of this preamble.

G. 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.

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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0675 to read as follows:


Sec.  165.T09-0675  Safety Zone; 28th Annual Lake Erie Open Water Swim; 
Lake Erie, Cleveland, OH.

    (a) Location. The safety zone will encompass all waters of Lake 
Erie, Cleveland, OH south of a line drawn between positions 
41[deg]29'30'' N., 081[deg]44'21'' W., and 41[deg]29'21'' N., 
081[deg]45'04'' W., (NAD 83) to the shore.
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced on July 15, 2017 from 6:45 a.m. until 10:15 a.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Buffalo 
or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port 
Buffalo is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Buffalo to act on his 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Buffalo or his on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or his on-scene representative may be contacted via VHF Channel 
16. Vessel operators given permission to enter or operate in the safety 
zone must comply with all

[[Page 32634]]

directions given to them by the Captain of the Port Buffalo, or his on-
scene representative.

    Dated: July 11, 2017.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2017-14902 Filed 7-14-17; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Rules and Regulations 32633

B. Impact on Small Entities power and responsibilities among the person listed in the FOR FURTHER
The Regulatory Flexibility Act of various levels of government. We have INFORMATION CONTACT section to
1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and coordinate protest activities so that your
requires Federal agencies to consider have determined that it is consistent message can be received without
the potential impact of regulations on with the fundamental federalism jeopardizing the safety or security of
principles and preemption requirements people, places or vessels.
small entities during rulemaking. The
described in Executive Order 13132.
term ‘‘small entities’’ comprises small List of Subjects in 33 CFR Part 165
Also, this rule does not have tribal
businesses, not-for-profit organizations implications under Executive Order Harbors, Marine safety, Navigation
that are independently owned and 13175, Consultation and Coordination (water), Reporting and recordkeeping
operated and are not dominant in their with Indian Tribal Governments, requirements, Security measures,
fields, and governmental jurisdictions because it does not have a substantial Waterways.
with populations of less than 50,000. direct effect on one or more Indian
The Coast Guard certifies under 5 U.S.C. For the reasons discussed in the
tribes, on the relationship between the preamble, the Coast Guard amends 33
605(b) that this rule will not have a Federal Government and Indian tribes,
significant economic impact on a CFR part 165 as follows:
or on the distribution of power and
substantial number of small entities. responsibilities between the Federal PART 165—REGULATED NAVIGATION
While some owners or operators of Government and Indian tribes. If you AREAS AND LIMITED ACCESS AREAS
vessels intending to transit the safety believe this rule has implications for
zone may be small entities, for the federalism or Indian tribes, please ■ 1. The authority citation for part 165
reasons stated in section V.A above, this contact the person listed in the FOR continues to read as follows:
rule will not have a significant FURTHER INFORMATION CONTACT section Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
economic impact on any vessel owner above. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
or operator. Department of Homeland Security Delegation
Under section 213(a) of the Small E. Unfunded Mandates Reform Act No. 0170.1.
Business Regulatory Enforcement The Unfunded Mandates Reform Act ■ 2. Add § 165.T09–0675 to read as
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires follows:
we want to assist small entities in Federal agencies to assess the effects of
understanding this rule. If the rule their discretionary regulatory actions. In § 165.T09–0675 Safety Zone; 28th Annual
would affect your small business, particular, the Act addresses actions Lake Erie Open Water Swim; Lake Erie,
organization, or governmental that may result in the expenditure by a Cleveland, OH.
jurisdiction and you have questions State, local, or tribal government, in the (a) Location. The safety zone will
concerning its provisions or options for aggregate, or by the private sector of encompass all waters of Lake Erie,
compliance, please contact the person $100,000,000 (adjusted for inflation) or Cleveland, OH south of a line drawn
listed in the FOR FURTHER INFORMATION more in any one year. Though this rule between positions 41°29′30″ N.,
CONTACT section. will not result in such an expenditure, 081°44′21″ W., and 41°29′21″ N.,
Small businesses may send comments we do discuss the effects of this rule 081°45′04″ W., (NAD 83) to the shore.
on the actions of Federal employees elsewhere in this preamble. (b) Effective and Enforcement Period.
who enforce, or otherwise determine This regulation is effective and will be
compliance with, Federal regulations to F. Environment enforced on July 15, 2017 from 6:45 a.m.
the Small Business and Agriculture We have analyzed this rule under until 10:15 a.m.
Regulatory Enforcement Ombudsman Department of Homeland Security (c) Regulations. (1) In accordance with
and the Regional Small Business Management Directive 023–01 and the general regulations in § 165.23, entry
Regulatory Fairness Boards. The Commandant Instruction M16475.lD, into, transiting, or anchoring within this
Ombudsman evaluates these actions which guide the Coast Guard in safety zone is prohibited unless
annually and rates each agency’s complying with the National authorized by the Captain of the Port
responsiveness to small business. If you Environmental Policy Act of 1969 (42 Buffalo or his designated on-scene
wish to comment on actions by U.S.C. 4321–4370f), and have representative.
employees of the Coast Guard, call 1– determined that this action is one of a (2) This safety zone is closed to all
888–REG–FAIR (1–888–734–3247). The category of actions that do not vessel traffic, except as may be
Coast Guard will not retaliate against individually or cumulatively have a permitted by the Captain of the Port
small entities that question or complain significant effect on the human Buffalo or his designated on-scene
about this rule or any policy or action environment. This rule involves a safety representative.
of the Coast Guard. zone lasting 3 and a half hours that will (3) The ‘‘on-scene representative’’ of
prohibit vessels from entering the area the Captain of the Port Buffalo is any
C. Collection of Information Coast Guard commissioned, warrant or
designated for this event. It is
This rule will not call for a new categorically excluded from further petty officer who has been designated
collection of information under the review under paragraph 34(g) of Figure by the Captain of the Port Buffalo to act
Paperwork Reduction Act of 1995 (44 2–1 of the Commandant Instruction. A on his behalf.
U.S.C. 3501–3520). Record of Environmental Consideration (4) Vessel operators desiring to enter
(REC) supporting this determination is or operate within the safety zone shall
D. Federalism and Indian Tribal contact the Captain of the Port Buffalo
Governments available in the docket where indicated
jstallworth on DSK7TPTVN1PROD with RULES

in the ADDRESSES section of this or his on-scene representative to obtain
A rule has implications for federalism preamble. permission to do so. The Captain of the
under Executive Order 13132, Port Buffalo or his on-scene
Federalism, if it has a substantial direct G. Protest Activities representative may be contacted via
effect on the States, on the relationship The Coast Guard respects the First VHF Channel 16. Vessel operators given
between the national government and Amendment rights of protesters. permission to enter or operate in the
the States, or on the distribution of Protesters are asked to contact the safety zone must comply with all

VerDate Sep<11>2014 14:51 Jul 14, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1

Document Created: 2017-07-15 03:45:57
Document Modified: 2017-07-15 03:45:57

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 6:45 a.m. through 10:15 a.m. on July 15, 2017.
Contact		If you have questions on this rule, call or email LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0124, email [email protected]
FR Citation		82 FR 32632
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

82 FR 32632 - Safety Zone; 28th Annual Lake Erie Open Water Swim; Lake Erie, Cleveland, OH

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 135 (July 17, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard