Safety Zone; Gay Games 9 Triathlon, North Coast Harbor, Cleveland, OH, 44698-44700 [2014-18284]
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44698
Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded 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 promulgates the
operating regulations or procedures for
drawbridges. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.741(a) to read as
follows:
■
§ 117.741
Raccoon Creek.
(a) The draw of the Route 130
highway bridge, mile 1.8 at Bridgeport,
shall open on signal:
(1) May 1 through October 31, from 7
a.m. to 11 p.m.
(2) At all other times, if at least four
hours notice is given.
*
*
*
*
*
emcdonald on DSK67QTVN1PROD with RULES
Dated: July 17, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 2014–18282 Filed 7–31–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2014–0427]
RIN 1625–AA00
Safety Zone; Gay Games 9 Triathlon,
North Coast Harbor, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of North Coast Harbor,
Cleveland, OH. This safety zone is
intended to restrict vessels from a
portion of North Coast Harbor during
the Gay Games 9 Triathlon. This
temporary safety zone is necessary to
protect participants, spectators, and
vessels from the navigational hazards
associated with a large swimming event.
DATES: This rule will be effective from
5:45 a.m. until 10:15 a.m. on August 10,
2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0427]. 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:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
A. Regulatory History and Information
The Coast Guard is issuing this
temporary final rule without prior
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notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because 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
spectators and vessels from the hazards
associated with a large scale swimming
event on a navigable waterway, which is
discussed further below.
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
The legal basis and authorities for this
rule are found in 33 U.S.C. 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, and 160.5; Pub. L. 107–295, 116
Stat. 2064; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
Between 5:45 a.m. and 10:15 a.m. on
August 10, 2014, a swimming event will
be held on North Coast Harbor in
Cleveland, OH. The Captain of the Port
Buffalo has determined that large scale
swimming event on a navigable
waterway will pose a significant risk to
participants and the boating public. The
purpose of the safety zone is to protect
spectators and vessels from the hazards
associated with a large scale swimming
event on a navigable waterway.
C. Discussion of Rule
With the aforementioned hazards in
mind, the Captain of the Port Buffalo
has determined that this temporary
safety zone is necessary to ensure the
safety of spectators and vessels during
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Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
the Gay Games 9 Triathlon. This zone
will be effective and enforced from 5:45
a.m. until 10:15 a.m. on August 10,
2014. This zone will encompass all
waters of North Coast Harbor,
Cleveland, OH within the following
positions: 41°30′37.21″ N and
081°41′43.88″ W, the East to
41°30′38.66″ N and 081°41′38.95″ W
then Northwest to 41°30′41.63″ N and
081°41′43.59″ W then Southwest to
41°30′37.21″ N and 081°41′43.88″ 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.
emcdonald on DSK67QTVN1PROD with RULES
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. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the safety zone when permitted
by the Captain of the Port.
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17:22 Jul 31, 2014
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2. Impact on Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
the impact of this proposed rule on
small entities. The Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of 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 or anchor in a portion of North
Coast Harbor on the morning of August
10, 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
would be activated, and thus subject to
enforcement, for only 4 hours early in
the day. Traffic may be allowed to pass
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
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44699
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
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Federal Register / Vol. 79, No. 148 / Friday, August 1, 2014 / Rules and Regulations
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:
emcdonald on DSK67QTVN1PROD with RULES
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
2. A new temporary § 165.T09–0427 is
added to read as follows:
■
This document identifies the
implementation date for the revised
service standards for market-dominant
(a) Location. This zone will
mail products associated with the
encompass all waters of North Coast
second phase of the Network
Harbor, Cleveland, OH within the
Rationalization initiative, and makes
following positions: 41°30′37.21″ N and conforming changes to the applicable
081°41′43.88″ W, the East to
regulations.
41°30′38.66″ N and 081°41′38.95″ W
DATES: Effective Date: August 1, 2014.
then Northwest to 41°30′41.63″ N and
FOR FURTHER INFORMATION CONTACT:
081°41′43.59″ W then Southwest to
Dave Williams, Network Operations, at
41°30′37.21″ N and 081°41′43.88″ W
202–268–4305.
(NAD 83).
SUPPLEMENTARY INFORMATION:
(b) Effective and enforcement Period.
On September 21, 2011, the Postal
This regulation is effective and will be
Service published an advance notice of
enforced on August 10, 2014 from 5:45
proposed rulemaking (the Advance
a.m. until 10:15 a.m.
(c) Regulations. (1) In accordance with Notice) in the Federal Register to solicit
the general regulations in section 165.23 public comment on a conceptual
proposal to revise service standards for
of this part, entry into, transiting, or
market-dominant products.1 After
anchoring within this safety zone is
considering comments received in
prohibited unless authorized by the
response to the Advance Notice, the
Captain of the Port Buffalo or his
Postal Service decided to develop the
designated on-scene representative.
concept into a concrete proposal,
(2) This safety zone is closed to all
identified as Network Rationalization.
vessel traffic, except as may be
The basic logic of Network
permitted by the Captain of the Port
Rationalization is that falling mail
Buffalo or his designated on-scene
volumes and the resultant excess
representative.
capacity in the Postal Service’s mail
(3) The ‘‘on-scene representative’’ of
processing network necessitate a major
the Captain of the Port Buffalo is any
consolidation of the network, and this
Coast Guard commissioned, warrant or
task in turn is contingent on revisions
petty officer who has been designated
to service standards, particularly the
by the Captain of the Port Buffalo to act
overnight standard for First-Class Mail.
on his behalf.
On December 5, 2011, the Postal
(4) Vessel operators desiring to enter
Service submitted a request to the Postal
or operate within the safety zone shall
Regulatory Commission (PRC) for an
contact the Captain of the Port Buffalo
advisory opinion on the service changes
or his on-scene representative to obtain
associated with Network
permission to do so. The Captain of the
Rationalization, in accordance with 39
Port Buffalo or his on-scene
U.S.C. 3661(b).2 On December 15, 2011,
representative may be contacted via
VHF Channel 16. Vessel operators given the Postal Service published proposed
revisions to its market-dominant service
permission to enter or operate in the
standards in the Federal Register and
safety zone must comply with all
sought public comment (the Proposed
directions given to them by the Captain
Rulemaking).3 The comment period for
of the Port Buffalo, or his on-scene
the Proposed Rulemaking closed on
representative.
February 13, 2012. The final rule was
Dated: July 22, 2014.
published on May 25, 2012.4
B.W. Roche,
Having considered public input and
Captain, U.S. Coast Guard, Captain of the
the results of its market research, the
Port Buffalo.
Postal Service decided to implement
[FR Doc. 2014–18284 Filed 7–31–14; 8:45 am]
Network Rationalization in a phased
manner. The service standard changes
BILLING CODE 9110–04–P
§ 165.T09–0427 Safety Zone; Gay Games 9
Triathlon, North Coast Harbor, Cleveland,
OH.
POSTAL SERVICE
■
1. The authority citation for part 165
continues to read as follows:
39 CFR Part 121
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.
Revised Service Standards for MarketDominant Mail Products; Designation
of Implementation Date
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Final rule; designation of
implementation date.
ACTION:
AGENCY:
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SUMMARY:
1 Proposal to Revise Service Standards for FirstClass Mail, Periodicals, and Standard Mail, 76 FR
58433 (September 21, 2011).
2 PRC Docket No. N2012–1, Request of the United
States Postal Service for an Advisory Opinion on
Changes in the Nature of Postal Services (December
5, 2011). Documents pertaining to the Request are
available at the PRC Web site, https://www.prc.gov.
3 Service Standards for Market-Dominant Mail
Products, 76 FR 77942 (December 15, 2011).
4 Revised Service Standards for Market-Dominant
Mail Products, 77 FR 31190 (May 25, 2012).
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]]>Agencies
[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Rules and Regulations]
[Pages 44698-44700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18284]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0427]
RIN 1625-AA00
Safety Zone; Gay Games 9 Triathlon, North Coast Harbor,
Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of North Coast Harbor, Cleveland, OH. This safety zone is
intended to restrict vessels from a portion of North Coast Harbor
during the Gay Games 9 Triathlon. This temporary safety zone is
necessary to protect participants, spectators, and vessels from the
navigational hazards associated with a large swimming event.
DATES: This rule will be effective from 5:45 a.m. until 10:15 a.m. on
August 10, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0427]. 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 (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because 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 spectators and
vessels from the hazards associated with a large scale swimming event
on a navigable waterway, which is discussed further below.
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
The legal basis and authorities for this rule are found in 33
U.S.C. 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, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
Between 5:45 a.m. and 10:15 a.m. on August 10, 2014, a swimming
event will be held on North Coast Harbor in Cleveland, OH. The Captain
of the Port Buffalo has determined that large scale swimming event on a
navigable waterway will pose a significant risk to participants and the
boating public. The purpose of the safety zone is to protect spectators
and vessels from the hazards associated with a large scale swimming
event on a navigable waterway.
C. Discussion of Rule
With the aforementioned hazards in mind, the Captain of the Port
Buffalo has determined that this temporary safety zone is necessary to
ensure the safety of spectators and vessels during
[[Page 44699]]
the Gay Games 9 Triathlon. This zone will be effective and enforced
from 5:45 a.m. until 10:15 a.m. on August 10, 2014. This zone will
encompass all waters of North Coast Harbor, Cleveland, OH within the
following positions: 41[deg]30'37.21'' N and 081[deg]41'43.88'' W, the
East to 41[deg]30'38.66'' N and 081[deg]41'38.95'' W then Northwest to
41[deg]30'41.63'' N and 081[deg]41'43.59'' W then Southwest to
41[deg]30'37.21'' N and 081[deg]41'43.88'' 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 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.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
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 or anchor in a portion of North Coast
Harbor on the morning of August 10, 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 would be activated, and thus subject to enforcement, for
only 4 hours early in the day. Traffic may be allowed to pass 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
[[Page 44700]]
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. A new temporary Sec. 165.T09-0427 is added to read as follows:
Sec. 165.T09-0427 Safety Zone; Gay Games 9 Triathlon, North Coast
Harbor, Cleveland, OH.
(a) Location. This zone will encompass all waters of North Coast
Harbor, Cleveland, OH within the following positions: 41[deg]30'37.21''
N and 081[deg]41'43.88'' W, the East to 41[deg]30'38.66'' N and
081[deg]41'38.95'' W then Northwest to 41[deg]30'41.63'' N and
081[deg]41'43.59'' W then Southwest to 41[deg]30'37.21'' N and
081[deg]41'43.88'' W (NAD 83).
(b) Effective and enforcement Period. This regulation is effective
and will be enforced on August 10, 2014 from 5:45 a.m. until 10:15 a.m.
(c) Regulations. (1) In accordance with the general regulations in
section 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: July 22, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2014-18284 Filed 7-31-14; 8:45 am]
BILLING CODE 9110-04-P
