Safety Zone; Head of the Cuyahoga, U.S. Rowing Masters Head Race National Championship, and Dragon Boat Festival, Cuyahoga River, Cleveland, OH, 54813-54815 [2012-21921]
Download as PDF
Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations
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 safety zone. This rule
is categorically excluded from further
review under paragraph 34(g) of Figure
2–1 of the Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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 recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
zone is prohibited unless authorized by
the Captain of the Port of San Diego or
his designated representative.
(2) Mariners requesting permission to
transit through the safety zone may
request authorization to do so from the
Patrol Commander (PATCOM). The
PATCOM may be contacted on VHF–FM
Channel 16.
(3) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port or the
designated representative.
(4) Upon being hailed by U.S. Coast
Guard patrol personnel by siren, radio,
flashing light, or other means, the
operator of a vessel shall proceed as
directed.
(5) The Coast Guard may be assisted
by other federal, state, or local agencies.
Dated: August 17, 2012.
S.M. Mahoney,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2012–21920 Filed 9–5–12; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
■
1. The authority citation for part 165
continues to read as follows:
DEPARTMENT OF HOMELAND
SECURITY
Authority: 33 U.S.C. 1226, 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, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
Coast Guard
2. Add temporary § 165.T11–516 to
read as follows:
RIN 1625–AA00
■
TKELLEY on DSK3SPTVN1PROD with RULES
§ 165.T11–516 Safety Zone; TriRock
Triathlon; San Diego Bay, San Diego, CA.
(a) Location. The limits of the safety
zone will be navigable waters of the San
Diego Bay behind the San Diego
Convention Center bound by the
following coordinates including the
marina; 32°42′16″ N, 117 °09′58″ W to
32°42′15″ N, 117°10′02″ W then south to
32°42′00″ N, 117°09′45″ W to 32°42′03″
N, 117°09′0″ W.
(b) Enforcement Period. This section
will be enforced from 6:30 a.m. to 9:30
a.m. on September 9, 2012. If the event
concludes prior to the scheduled
termination time, the Captain of the Port
will cease enforcement of this safety
zone and will announce that fact via
Broadcast Notice to Mariners.
(c) Definitions. The following
definition applies to this section:
designated representative, means any
commissioned, warrant, or petty officer
of the Coast Guard on board Coast
Guard, Coast Guard Auxiliary, and
local, state, and federal law enforcement
vessels who have been authorized to act
on the behalf of the Captain of the Port.
(d) Regulations. (1) Entry into, transit
through, or anchoring within this safety
VerDate Mar<15>2010
16:13 Sep 05, 2012
Jkt 226001
33 CFR Part 165
[Docket Number USCG–2012–0569]
Safety Zone; Head of the Cuyahoga,
U.S. Rowing Masters Head Race
National Championship, and Dragon
Boat Festival, Cuyahoga River,
Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard will
establish a temporary safety zone on the
Cuyahoga River, Cleveland, OH. This
safety zone is intended to restrict
vessels from a portion of the Cuyahoga
River during the Head of the Cuyahoga,
the U.S. Rowing Masters Head Race
International Championship, and the
Cleveland Dragon Boat Festival. This
safety zone is necessary to protect
spectators, participants, and vessels
from the hazards associated with rowing
regattas.
DATES: This rule is effective from 7 a.m.
on September 15, 2012, until 4 p.m. on
September 16, 2012.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket [USCG–2012–0569]. To view
documents mentioned in this preamble
SUMMARY:
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
54813
as being available in the docket, go to
https://www.regulations.gov, type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH.’’ You may visit the
Docket Management Facility,
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 rule, call or
email LT Christopher Mercurio, Chief of
Waterway Management, U.S. Coast
Guard Sector Buffalo; telephone 716–
843–9343, email
SectorBuffaloMarineSafety@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On July 3, 2012, we published a
Notice of Proposed Rulemaking (NPRM)
entitled Safety Zone; Head of the
Cuyahoga and U.S. Rowing Masters
Head Race National Championship,
Cuyahoga River, Cleveland, OH in the
Federal Register (77 FR 39453). We
received 2 comments on the proposed
rule, although both were made by a
single organization—the Lake Carriers’
Association (LCA). The LCA’s
comments are addressed below. No
public meeting was requested, and none
was held.
B. Basis and Purpose
Between 7 a.m. and 4 p.m. on
September 15, 2012, the annual Head of
the Cuyahoga rowing regatta will take
place on the Cuyahoga River in
Cleveland, OH. In conjunction with the
HOTC, the Cleveland Dragon Boat
Festival will take place just north of the
Detroit Superior Viaduct Bridge on the
Cuyahoga River, Cleveland, OH.
Following the HOTC and the
Cleveland Dragon Boat Festival on the
15th of September, the U.S. Rowing
Masters Head Race National
Championship will take place on
September 16th along the same portion
of the Cuyahoga River.
The Captain of the Port Buffalo has
determined that the HOTC, the U.S.
Rowing Masters Head Race National
Championship, and the Cleveland
Dragon Boat Festival rowing events
E:\FR\FM\06SER1.SGM
06SER1
54814
Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations
D. Regulatory Analyses
TKELLEY on DSK3SPTVN1PROD with RULES
present significant hazards to public
spectators and participants.
C. Discussion of Comments, Changes,
and the Final Rule
As mentioned above, the Coast Guard
received two comments from the LCA in
response to the NPRM published on July
3, 2012. One comment was presented
directly to the Coast Guard’s Marine
Safety Unit (MSU) in Cleveland, OH on
or about July 6, 2012. The other
comment was submitted online on July
24, 2012. The comment submitted
online is available in the docket. In sum,
both LCA comments convey a concern
about the effects that this safety zone
will have on its members ability to enter
the port and transit the Cuyahoga river.
The LCA’s online comment expresses a
general dissatisfaction with ‘‘lengthy
closures of commercial waterways’’ and
a specific disagreement with this safety
zone’s proposed ten (10) hour closure of
the river. Particularly, the LCA claims
that the proposed ten (10) hour closure
is one (1) hour longer than required by
the race sponsors.
In response to the above comments,
the Captain of the Port Buffalo
consulted with the event sponsor to
reassess the necessary enforcement
times of this safety zone. Consequently,
the Captain of the Port Buffalo has
decided to shorten the length of the
enforcement period. Previously, the
NPRM proposed that the safety zone
would be enforced from 6:30 a.m. until
4:30 p.m. on September 15 and 16,
2012. Now, in light of the LCA’s
concerns, this temporary final rule
establishes an enforcement period from
7 a.m. until 4 p.m. on those same dates.
As discussed in the NPRM, this
temporary safety zone is necessary to
ensure the safety of spectators and
vessels during the Head of the
Cuyahoga, U.S. Rowing Masters Head
Race National Championship, and the
Cleveland Dragon Boat Festival. As
mentioned above, the safety zone will
be effective and enforced from 7 a.m.
until 4 p.m. on September 15 and 16,
2012.
The safety zone will encompass all
waters of the Cuyahoga River,
Cleveland, OH from a line drawn
perpendicular from position 41°28′32″
N, 081°40′16″ W (NAD 83) just south of
the Interstate 490 bridge, north to the
Detroit-Superior Viaduct bridge.
Entry into, transiting, or anchoring
within the safety zone is prohibited
unless authorized by the Captain of the
Port Buffalo or his designated on-scene
representative. The Captain of the Port
or his designated on-scene
representative may be contacted via
VHF Channel 16.
VerDate Mar<15>2010
16:13 Sep 05, 2012
Jkt 226001
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of 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 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 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 its impact
on navigable waters. Under certain
conditions, moreover, 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 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 may affect the following
entities, some of which might be small
entities: the owners of operators of
vessels intending to transit or anchor in
a portion of the Cuyahoga River near
Cleveland, Ohio between 7 a.m. to 4
p.m. on September 15 and 16, 2012.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons. This safety zone
will be enforce for only 9 hours each
day for two days. Although the safety
zone will apply to the entire width of
the river, traffic will be allowed to pass
through the zone with the permission of
the Captain of the Port. Before the
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
enforcement of the zone, we will issue
maritime advisories widely available to
users of the river.
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 will
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.
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
INTFORMATION 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
E:\FR\FM\06SER1.SGM
06SER1
Federal Register / Vol. 77, No. 173 / Thursday, September 6, 2012 / Rules and Regulations
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.
TKELLEY on DSK3SPTVN1PROD with RULES
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
VerDate Mar<15>2010
16:13 Sep 05, 2012
Jkt 226001
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 safety zone and,
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are 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 recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
54815
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
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: August 22, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2012–21921 Filed 9–5–12; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
DEPARTMENT OF HOMELAND
SECURITY
1. The authority citation for Part 165
continues to read as follows:
Coast Guard
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 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.
2. Add § 165.T09–0569 to read as
follows:
■
§ 165.T09–0569 Safety Zone; Head of the
Cuyahoga, U.S. Rowing Masters Head Race
National Championship, and Cleveland
Dragon Boat Festival, Cuyahoga River,
Cleveland, OH.
(a) Location. The safety zone will
encompass all waters of the Cuyahoga
River, Cleveland, OH from a line drawn
perpendicular from position 41°28′32″
N, 081°40′16″ W (NAD 83) just south of
the Interstate 490 bridge, north to the
Detroit-Superior Viaduct bridge.
(b) Enforcement Period. This
regulation will be enforced on
September 15 and 16, 2012 from 7 a.m.
until 4 p.m.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, 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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
33 CFR Part 165
[Docket No. USCG–2012–0736]
RIN 1625–AA00
Safety Zone: America’s Cup World
Series Regattas, San Francisco Bay;
San Francisco, CA
Coast Guard, DHS.
Temporary interim rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone for sailing
regattas to be conducted on the waters
of San Francisco Bay adjacent to the
City of San Francisco waterfront in the
vicinity of the Golden Gate Bridge and
Alcatraz Island. This rule will regulate
the on-water activities associated with
2012 America’s Cup World Series
regattas scheduled for October 2–3,
2012. This safety zone is established to
ensure the safety of mariners transiting
the area from the dangers associated
with the sailing events. Unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
remaining in the safety zone without
permission of the Captain of the Port or
their designated representative.
DATES: This rule is effective from 12:30
p.m. on October 2, 2012 until 4:30 p.m.
on October 3, 2012.
SUMMARY:
E:\FR\FM\06SER1.SGM
06SER1
Agencies
[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54813-54815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21921]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2012-0569]
RIN 1625-AA00
Safety Zone; Head of the Cuyahoga, U.S. Rowing Masters Head Race
National Championship, and Dragon Boat Festival, Cuyahoga River,
Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard will establish a temporary safety zone on the
Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict
vessels from a portion of the Cuyahoga River during the Head of the
Cuyahoga, the U.S. Rowing Masters Head Race International Championship,
and the Cleveland Dragon Boat Festival. This safety zone is necessary
to protect spectators, participants, and vessels from the hazards
associated with rowing regattas.
DATES: This rule is effective from 7 a.m. on September 15, 2012, until
4 p.m. on September 16, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket [USCG-2012-0569]. To view documents mentioned in
this preamble as being available in the docket, go to https://www.regulations.gov, type the docket number in the ``SEARCH'' box and
click ``SEARCH.'' You may visit the Docket Management Facility,
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 rule,
call or email LT Christopher Mercurio, Chief of Waterway Management,
U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email
SectorBuffaloMarineSafety@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:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Regulatory History and Information
On July 3, 2012, we published a Notice of Proposed Rulemaking
(NPRM) entitled Safety Zone; Head of the Cuyahoga and U.S. Rowing
Masters Head Race National Championship, Cuyahoga River, Cleveland, OH
in the Federal Register (77 FR 39453). We received 2 comments on the
proposed rule, although both were made by a single organization--the
Lake Carriers' Association (LCA). The LCA's comments are addressed
below. No public meeting was requested, and none was held.
B. Basis and Purpose
Between 7 a.m. and 4 p.m. on September 15, 2012, the annual Head of
the Cuyahoga rowing regatta will take place on the Cuyahoga River in
Cleveland, OH. In conjunction with the HOTC, the Cleveland Dragon Boat
Festival will take place just north of the Detroit Superior Viaduct
Bridge on the Cuyahoga River, Cleveland, OH.
Following the HOTC and the Cleveland Dragon Boat Festival on the
15th of September, the U.S. Rowing Masters Head Race National
Championship will take place on September 16th along the same portion
of the Cuyahoga River.
The Captain of the Port Buffalo has determined that the HOTC, the
U.S. Rowing Masters Head Race National Championship, and the Cleveland
Dragon Boat Festival rowing events
[[Page 54814]]
present significant hazards to public spectators and participants.
C. Discussion of Comments, Changes, and the Final Rule
As mentioned above, the Coast Guard received two comments from the
LCA in response to the NPRM published on July 3, 2012. One comment was
presented directly to the Coast Guard's Marine Safety Unit (MSU) in
Cleveland, OH on or about July 6, 2012. The other comment was submitted
online on July 24, 2012. The comment submitted online is available in
the docket. In sum, both LCA comments convey a concern about the
effects that this safety zone will have on its members ability to enter
the port and transit the Cuyahoga river. The LCA's online comment
expresses a general dissatisfaction with ``lengthy closures of
commercial waterways'' and a specific disagreement with this safety
zone's proposed ten (10) hour closure of the river. Particularly, the
LCA claims that the proposed ten (10) hour closure is one (1) hour
longer than required by the race sponsors.
In response to the above comments, the Captain of the Port Buffalo
consulted with the event sponsor to reassess the necessary enforcement
times of this safety zone. Consequently, the Captain of the Port
Buffalo has decided to shorten the length of the enforcement period.
Previously, the NPRM proposed that the safety zone would be enforced
from 6:30 a.m. until 4:30 p.m. on September 15 and 16, 2012. Now, in
light of the LCA's concerns, this temporary final rule establishes an
enforcement period from 7 a.m. until 4 p.m. on those same dates.
As discussed in the NPRM, this temporary safety zone is necessary
to ensure the safety of spectators and vessels during the Head of the
Cuyahoga, U.S. Rowing Masters Head Race National Championship, and the
Cleveland Dragon Boat Festival. As mentioned above, the safety zone
will be effective and enforced from 7 a.m. until 4 p.m. on September 15
and 16, 2012.
The safety zone will encompass all waters of the Cuyahoga River,
Cleveland, OH from a line drawn perpendicular from position
41[deg]28'32'' N, 081[deg]40'16'' W (NAD 83) just south of the
Interstate 490 bridge, north to the Detroit-Superior Viaduct bridge.
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of 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 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 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 its impact on navigable waters. Under certain conditions,
moreover, 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 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 may affect the following entities, some of which might be
small entities: the owners of operators of vessels intending to transit
or anchor in a portion of the Cuyahoga River near Cleveland, Ohio
between 7 a.m. to 4 p.m. on September 15 and 16, 2012.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
safety zone will be enforce for only 9 hours each day for two days.
Although the safety zone will apply to the entire width of the river,
traffic will be allowed to pass through the zone with the permission of
the Captain of the Port. Before the enforcement of the zone, we will
issue maritime advisories widely available to users of the river.
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 will 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.
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
INTFORMATION 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
[[Page 54815]]
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 safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are 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
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. Chapters 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.T09-0569 to read as follows:
Sec. 165.T09-0569 Safety Zone; Head of the Cuyahoga, U.S. Rowing
Masters Head Race National Championship, and Cleveland Dragon Boat
Festival, Cuyahoga River, Cleveland, OH.
(a) Location. The safety zone will encompass all waters of the
Cuyahoga River, Cleveland, OH from a line drawn perpendicular from
position 41[deg]28'32'' N, 081[deg]40'16'' W (NAD 83) just south of the
Interstate 490 bridge, north to the Detroit-Superior Viaduct bridge.
(b) Enforcement Period. This regulation will be enforced on
September 15 and 16, 2012 from 7 a.m. until 4 p.m.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, 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 directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.
Dated: August 22, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-21921 Filed 9-5-12; 8:45 am]
BILLING CODE 9110-04-P