Safety Zone; I-90 Inner-Belt Bridge Demolition, Cuyahoga River, Cleveland, OH, 33700-33702 [2014-13767]

Download as PDF 33700 Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations DEPARTMENT OF HOMELAND SECURITY FR Federal Register NPRM Notice of Proposed Rulemaking § Section Coast Guard 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 (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 final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect vessels and mariners from the hazards associated with the removal of a span across the river. 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. 33 CFR Part 165 [Docket Number USCG–2014–0425] RIN 1625–AA00 Safety Zone; I–90 Inner-Belt Bridge Demolition, Cuyahoga River, Cleveland, OH Coast Guard, DHS. ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary safety zone on Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict vessels from a portion of Cuyahoga River while demolition of the old I–90 Inner-belt bridge spanning the Cuyahoga River is undertaken. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with the removal of a span across the river. DATES: This temporary final rule is effective without actual notice from June 12, 2014 through 6 a.m. on June 27, 2014. For the purposes of enforcement, actual notice will be used from 6 a.m. on June 2, 2014, until June 12, 2014, for any enforcement periods identified in this rule that occur before June 12, 2014. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0425]. To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Christopher Mercurio, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716– 843–9573, email SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826 or 1–800–647–5527. SUPPLEMENTARY INFORMATION: rmajette on DSK2TPTVN1PROD with RULES SUMMARY: Table of Acronyms DHS Department of Homeland Security VerDate Mar<15>2010 14:18 Jun 11, 2014 Jkt 232001 B. Basis and Purpose Between 6 a.m. on June 2 through 6 a.m. on June 6, 2014, and on the subsequent dates and times as necessary, demolition work on the old I–90 Inner-belt bridge span crossing the Cuyahoga River, Cleveland, OH, is scheduled: 6 a.m. on June 11, 2014, through 6 a.m. on June 13, 2014; 6 a.m. on June 18, 2014, through 6 a.m. on June 20, 2014; and 6 a.m. on June 25, 2014, through 6 a.m. on June 27, 2014. The bridge removal and demolition work will involve of cutting and dropping 6′ x 8′ sections of steel beams into the river and retrieving them via barge-mounted extractor backhoe. These operations are to be conducted during hours and dates stated above. During these enforcement periods, there will be a continuous closure of a portion of the Cuyahoga River at MM 3.42 and resultant stoppage of any traffic beyond MM 3.42 south to the terminus of the maintained PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 navigable channel. It has been determined that these demolition operations will pose a significant risk to the maritime public. Thus, under the authority within 33 U.S.C. 1225 and 1231, the Captain of the Port, Sector Buffalo, has determined it necessary to establish a temporary safety zone on the Cuyahoga River. C. Discussion of the Temporary Final Rule As mentioned above, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of mariners and vessels during the old I–90 Inner-belt bridge demolition operation. This safety zone regulation will be enforced from 6 a.m. on June 2, 2014, through 6 a.m. on June 6, 2014, and on the following subsequent dates and times as necessary: From 6 a.m. on June 11, 2014, through 6 a.m. on June 13, 2014; 6 a.m. on June 18, 2014, through 6 a.m. on June 20, 2014, and 6 a.m. on June 25, 2014, through 6 a.m. on June 27, 2014. The safety zone will encompass waters of the Cuyahoga River in the vicinity of the old I–90 interstate bridge span crossing over the Cuyahoga River at river mile marker 3.42. Specifically, the safety zone will cover an area 200 yards upstream and 200 yards downstream of the bridge from position 41°29′10″ N, 081°41′25″ W, (NAD 83). 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 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 E:\FR\FM\12JNR1.SGM 12JNR1 Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations 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 a maximum initial duration of 96 hours with subsequent dates enforcement time limited to a maximum duration of 48 hours and only if demolition has not been completed. Also, the safety zone is designed to minimize its impact on commercial traffic operating the 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 Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered the impact of this rule on small entities. 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 a portion of the Cuyahoga River in Cleveland, Ohio, from June 2–6, 2014; June 11–13, 2014; June 18–20, 2014; and June 25–27, 2014. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: This safety zone has been developed and scheduled in cooperation with the local marine industry and shore facilities to mitigate the impact on scheduled commerce and will allow for the passage of vessels 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, we would issue local Broadcast Notice to Mariners. rmajette on DSK2TPTVN1PROD with RULES 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. VerDate Mar<15>2010 14:18 Jun 11, 2014 Jkt 232001 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 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 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 33701 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 E:\FR\FM\12JNR1.SGM 12JNR1 33702 Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations 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 parts 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS to 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: May 28, 2014. B.W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2014–13767 Filed 6–11–14; 8:45 am] 1. The authority citation for part 165 continues to read as follows: ■ BILLING CODE 9110–04–P 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. DEPARTMENT OF HOMELAND SECURITY 2. Add § 165.T09–0425 to read as follows: 33 CFR Part 165 Coast Guard ■ [Docket No. USCG–2014–0339] rmajette on DSK2TPTVN1PROD with RULES § 165.T09–0425 Safety Zone; I–90 Innerbelt Bridge Demolition, Cuyahoga River, Cleveland, OH. (a) Location. This safety zone will encompass all waters of the Cuyahoga River in the vicinity of the old I–90 Inner-belt Bridge crossing over the Cuyahoga River at river mile marker 3.42 within 200 yards upstream or 200 yards downstream of the bridge near position 41°29′10″ N, 081°41′25″ W, (NAD 83). (b) Enforcement periods. This section will be enforced from 6 a.m. on June 2, 2014, through 6 a.m. on June 6, 2014, and on the following subsequent dates and times if necessary: From 6 a.m. on June 11, 2014, through 6 a.m. on June 13, 2014; from 6 a.m. on June 18, 2014, through 6 a.m. on June 20, 2014; and from 6 a.m. on June 25, 2014, through 6 a.m. on June 27, 2014. (c) Regulations. (1) Under general regulations in § 165.23, entry into, transiting, or anchoring within the safety zone described in paragraph (a) of this section 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 need VerDate Mar<15>2010 14:18 Jun 11, 2014 Jkt 232001 Safety Zone; Fourth of July Fireworks, Tahoe City, CA Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce the safety zone for the Fourth of July Fireworks, Tahoe City, CA in the Captain of the Port, San Francisco area of responsibility on July 4, 2014. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM). DATES: The regulations in 33 CFR 165.1191, Table 1, Item number 15, will be enforced from 7 a.m. through 10 p.m. on July 4, 2014. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Lieutenant Junior Grade William Hawn, Sector San Francisco Waterways Safety Division, U.S. Coast Guard; telephone 415–399–7442, email D11-PF-MarineEvents@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a safety zone in navigable waters around and under the fireworks barge within a radius of 100 feet during the loading, transit, and arrival of the fireworks barge to the display location and until the start of the fireworks display. From 7 a.m. until 8 a.m. on July 4, 2014, the fireworks SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 9990 barge will be loading pyrotechnics off of Tahoe Keys Marina in South Lake Tahoe, CA in approximate position 38°56′05″ N, 120°00′09″ W (NAD 83). From 8 a.m. to 2 p.m. on July 4, 2014, the loaded fireworks barge will transit from Tahoe Keys Marina to the launch site off of Tahoe City, CA in approximate position 39°10′09″ N, 120°08′16″ W (NAD 83) where it will remain until the commencement of the fireworks display. Upon the commencement of the 30 minute fireworks display, scheduled to begin at 9:30 p.m. on July 4, 2014, the safety zone will increase in size to encompass the navigable waters around and under the fireworks barge within a radius 1,000 feet in approximate position 39°10′09″ N, 120°08′16″ W (NAD 83) for the Fourth of July Fireworks, Tahoe City, CA in 33 CFR 165.1191, Table 1, Item number 15. This safety zone will be in effect from 7 a.m. until 10 p.m. on July 4, 2014. Under the provisions of 33 CFR 165.1191, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone during all applicable effective dates and times, unless authorized to do so by the PATCOM. Additionally, each person who receives notice of a lawful order or direction issued by an official patrol vessel shall obey the order or direction. The PATCOM is empowered to forbid entry into and control the regulated area. The PATCOM shall be designated by the Commander, Coast Guard Sector San Francisco. The PATCOM may, upon request, allow the transit of commercial vessels through regulated areas when it is safe to do so. This document is issued under authority of 33 CFR 165.1191 and 5 U.S.C. 552(a). In addition to this document in the Federal Register, the Coast Guard will provide the maritime community with extensive advance notification of the safety zone and its enforcement period via the Local Notice to Mariners. If the Captain of the Port determines that the regulated area need not be enforced for the full duration stated in this notice, a Broadcast Notice to Mariners may be used to grant general permission to enter the regulated area. Dated: May 22, 2014. Gregory G. Stump, Captain, U.S. Coast Guard, Captain of the Port San Francisco. [FR Doc. 2014–13774 Filed 6–11–14; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\12JNR1.SGM 12JNR1

Agencies

[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33700-33702]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13767]



[[Page 33700]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0425]
RIN 1625-AA00


Safety Zone; I-90 Inner-Belt Bridge Demolition, Cuyahoga River, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on 
Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict 
vessels from a portion of Cuyahoga River while demolition of the old I-
90 Inner-belt bridge spanning the Cuyahoga River is undertaken. This 
temporary safety zone is necessary to protect mariners and vessels from 
the navigational hazards associated with the removal of a span across 
the river.

DATES: This temporary final rule is effective without actual notice 
from June 12, 2014 through 6 a.m. on June 27, 2014. For the purposes of 
enforcement, actual notice will be used from 6 a.m. on June 2, 2014, 
until June 12, 2014, for any enforcement periods identified in this 
rule that occur before June 12, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0425]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Christopher Mercurio, Chief of Waterways Management, 
U.S. Coast Guard Sector Buffalo; telephone 716-843-9573, email 
SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing 
the docket, call Ms. Cheryl Collins, Program Manager, Docket 
Operations, telephone 202-366-9826 or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section

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 (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 final details for this event were 
not known to the Coast Guard until there was insufficient time 
remaining before the event to publish an NPRM. Thus, delaying the 
effective date of this rule to wait for a comment period to run would 
be both impracticable and contrary to the public interest because it 
would inhibit the Coast Guard's ability to protect vessels and mariners 
from the hazards associated with the removal of a span across the 
river.
    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

    Between 6 a.m. on June 2 through 6 a.m. on June 6, 2014, and on the 
subsequent dates and times as necessary, demolition work on the old I-
90 Inner-belt bridge span crossing the Cuyahoga River, Cleveland, OH, 
is scheduled: 6 a.m. on June 11, 2014, through 6 a.m. on June 13, 2014; 
6 a.m. on June 18, 2014, through 6 a.m. on June 20, 2014; and 6 a.m. on 
June 25, 2014, through 6 a.m. on June 27, 2014. The bridge removal and 
demolition work will involve of cutting and dropping 6' x 8' sections 
of steel beams into the river and retrieving them via barge-mounted 
extractor backhoe. These operations are to be conducted during hours 
and dates stated above. During these enforcement periods, there will be 
a continuous closure of a portion of the Cuyahoga River at MM 3.42 and 
resultant stoppage of any traffic beyond MM 3.42 south to the terminus 
of the maintained navigable channel. It has been determined that these 
demolition operations will pose a significant risk to the maritime 
public. Thus, under the authority within 33 U.S.C. 1225 and 1231, the 
Captain of the Port, Sector Buffalo, has determined it necessary to 
establish a temporary safety zone on the Cuyahoga River.

C. Discussion of the Temporary Final Rule

    As mentioned above, the Captain of the Port Buffalo has determined 
that this temporary safety zone is necessary to ensure the safety of 
mariners and vessels during the old I-90 Inner-belt bridge demolition 
operation. This safety zone regulation will be enforced from 6 a.m. on 
June 2, 2014, through 6 a.m. on June 6, 2014, and on the following 
subsequent dates and times as necessary: From 6 a.m. on June 11, 2014, 
through 6 a.m. on June 13, 2014; 6 a.m. on June 18, 2014, through 6 
a.m. on June 20, 2014, and 6 a.m. on June 25, 2014, through 6 a.m. on 
June 27, 2014. The safety zone will encompass waters of the Cuyahoga 
River in the vicinity of the old I-90 interstate bridge span crossing 
over the Cuyahoga River at river mile marker 3.42. Specifically, the 
safety zone will cover an area 200 yards upstream and 200 yards 
downstream of the bridge from position 41[deg]29'10'' N, 
081[deg]41'25'' W, (NAD 83).
    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 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

[[Page 33701]]

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 a maximum initial duration of 96 
hours with subsequent dates enforcement time limited to a maximum 
duration of 48 hours and only if demolition has not been completed. 
Also, the safety zone is designed to minimize its impact on commercial 
traffic operating the 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

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this rule on small entities. 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 
a portion of the Cuyahoga River in Cleveland, Ohio, from June 2-6, 
2014; June 11-13, 2014; June 18-20, 2014; and June 25-27, 2014.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
safety zone has been developed and scheduled in cooperation with the 
local marine industry and shore facilities to mitigate the impact on 
scheduled commerce and will allow for the passage of vessels 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, we would issue local 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.

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 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

[[Page 33702]]

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 parts 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.T09-0425 to read as follows:


Sec.  165.T09-0425  Safety Zone; I-90 Inner-belt Bridge Demolition, 
Cuyahoga River, Cleveland, OH.

    (a) Location. This safety zone will encompass all waters of the 
Cuyahoga River in the vicinity of the old I-90 Inner-belt Bridge 
crossing over the Cuyahoga River at river mile marker 3.42 within 200 
yards upstream or 200 yards downstream of the bridge near position 
41[deg]29'10'' N, 081[deg]41'25'' W, (NAD 83).
    (b) Enforcement periods. This section will be enforced from 6 a.m. 
on June 2, 2014, through 6 a.m. on June 6, 2014, and on the following 
subsequent dates and times if necessary: From 6 a.m. on June 11, 2014, 
through 6 a.m. on June 13, 2014; from 6 a.m. on June 18, 2014, through 
6 a.m. on June 20, 2014; and from 6 a.m. on June 25, 2014, through 6 
a.m. on June 27, 2014.
    (c) Regulations. (1) Under general regulations in Sec.  165.23, 
entry into, transiting, or anchoring within the safety zone described 
in paragraph (a) of this section 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 need to 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: May 28, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2014-13767 Filed 6-11-14; 8:45 am]
BILLING CODE 9110-04-P