Safety Zone; I-90 Inner-Belt Bridge Demolition, Cuyahoga River, Cleveland, OH, 33700-33702 [2014-13767]
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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 https://
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:
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SUMMARY:
Table of Acronyms
DHS
Department of Homeland Security
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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
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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
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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.
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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.
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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
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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
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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]
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§ 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
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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:
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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
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]]>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.
-----------------------------------------------------------------------
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 https://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
