Safety Zone; Black River Kayak-a-thon; Black River, Lorain, OH, 35844-35846 [2015-15409]
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35844
Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations
specified area immediately prior to,
during, and immediately after regattas
or marine parades.
DATES: The regulations in 33 CFR
100.914, 100.915, 100.918, 100.919, and
100.920 will be enforced at specified
dates and times between June 26, 2015
and August 23, 2015.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this document,
call or email Petty Officer First Class
Todd Manow, Prevention Department,
U.S. Coast Guard Sector Detroit, 110
Mount Elliot Ave., Detroit MI, 48207;
telephone (313)568–9580, email
Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the following special
local regulations listed in 33 CFR part
100, Safety of Life on Navigable Waters,
on the following dates and times, which
are listed in chronological order:
(1) § 100.919 International Bay City
River Roar, Bay City, MI. This special
local regulation will be enforced from 9
a.m. to 6 p.m. on June 26, 27, and 28,
2015. A regulated area is established to
include all waters of the Saginaw River
bounded on the north by the Liberty
Bridge, located at 43°36.3′ N, 083°53.4′
W, and bounded on the south by the
Veterans Memorial Bridge, located at
43°35.8′ N, 083°53.6′ W. In case of rain
on any of the race days, this special
local regulation may be enforced an
additional day on June 29, 2015 from 9
a.m. until 6 p.m.
(2) § 100.920 Tug Across the River,
Detroit, MI. This special local regulation
will be enforced from 6 p.m. to 6:45
p.m. on July 10, 2015. A regulated area
is established to include all waters of
the Detroit River, Detroit, Michigan,
bounded on the south by the
International boundary, on the west by
083°03′ W, on the east by 083°02′ W,
and on the north by the U.S. shoreline.
This position is located on the Detroit
River in front of Hart Plaza, Detroit, MI.
(3) § 100.914 Trenton Rotary Roar on
the River, Trenton, MI. This special
local regulation will be enforced from 8
a.m. to 8 p.m. on July 17, 18, and 19,
2015. The regulated area is established
to include all waters of the Detroit
River, Trenton, Michigan, bounded by
an east/west line beginning at a point of
land at the northern end of Elizabeth
Park in Trenton, MI, located at position
42°8.2′ N; 083°10.6′ W, extending east to
a point near the center of the Trenton
Channel located at position 42°8.2′ N;
083°10.4′ W, extending south along a
north/south line to a point at the Grosse
Ile Parkway Bridge located at position
42°7.7′ N; 083°10.5′ W, extending west
along a line bordering the Grosse Ile
Parkway Bridge to a point on land
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located at position 42°7.7′ N; 083°10.7′
W, and along the shoreline to the point
of origin. This area is in the Trenton
Channel between Trenton and Grosse
Isle, MI.
(4) § 100.915 St. Clair River Classic
Offshore Race, St. Clair, MI. This special
local regulation will be enforced from
10 a.m. to 7 p.m. each day from July 20,
2015 through July 26, 2015. A regulated
area is established to include all waters
of the St. Clair River, St. Clair,
Michigan, bounded by latitude
42°52′00″ N to the north; latitude
42°49′00″ N to the south; the shoreline
of the St. Clair River on the west; and
the international boundary line on the
east.
Special Local Regulations:
(1) In accordance with § 100.901,
entry into, transiting, or anchoring
within these regulated areas is
prohibited unless authorized by the
Coast Guard patrol commander
(PATCOM). The PATCOM may restrict
vessel operation within the regulated
area to vessels having particular
operating characteristics.
(2) Vessels permitted to enter this
regulated area must operate at a no wake
speed and in a manner that will not
endanger race participants or any other
craft.
(3) The PATCOM may direct the
anchoring, mooring, or movement of
any vessel within this regulated area. A
succession of sharp, short signals by
whistle or horn from vessels patrolling
the area under the direction of the
PATCOM shall serve as a signal to stop.
Vessels so signaled shall stop and shall
comply with the orders of the PATCOM.
Failure to do so may result in expulsion
from the area, a Notice of Violation for
failure to comply, or both.
(4) If it is deemed necessary for the
protection of life and property, the
PATCOM may terminate at any time the
marine event or the operation of any
vessel within the regulated area.
(5) In accordance with the general
regulations in § 100.35 of this part, the
Coast Guard will patrol the regatta area
under the direction of a designated
Coast Guard Patrol Commander
(PATCOM). The PATCOM may be
contacted on Channel 16 (156.8 MHz)
by the call sign ‘‘Coast Guard Patrol
Commander.’’
(6) The rules in this section shall not
apply to vessels participating in the
event or to government vessels
patrolling the regulated area in the
performance of their assigned duties.
This document is issued under
authority of 33 CFR 100.35 and 5 U.S.C.
552(a). If the Captain of the Port
determines that any of these special
local regulations need not be enforced
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for the full duration stated in this
document, he may suspend such
enforcement and notify the public of the
suspension via a Broadcast Notice to
Mariners.
Dated: June 8, 2015.
Scott B. Lemasters,
Captain, U. S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2015–15408 Filed 6–22–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0496]
RIN 1625–AA00
Safety Zone; Black River Kayak-a-thon;
Black River, Lorain, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Black River, Lorain, OH. This safety
zone is intended to restrict vessels from
a portion of the Black River during the
Black River Kayak-a-thon. This
temporary safety zone is necessary to
protect participants and mariners from
the navigational hazards associated with
a paddle sport regatta.
DATES: This rule is effective from 7:45
a.m. until 2:15 p.m. on June 27, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0496]. 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 LT
Stephanie Pitts, Chief of Waterways
Management, U.S. Coast Guard Marine
Safety Unit Cleveland; telephone 216–
937–0128. 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.
SUMMARY:
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Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations
hazards include vessels restricted in
maneuverability, vessels with low
visibility, and high traffic congestion
within a narrow channel.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
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. 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 impracticable because it would
inhibit the Coast Guard’s ability to
protect spectators and vessels from the
hazards associated with a paddle sport
regatta. Therefore, 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.
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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; Public Law 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 7:45 a.m. and 2:15 p.m. on
June 27, 2015, a paddle sport regatta
will be held on the Black River, Lorain,
OH, from French Creek at river mile
marker 5.0 to the Bascule Bridge at river
mile marker 0.3. It is anticipated that up
to 75 paddle craft will participate in the
event. The Captain of the Port Buffalo
has determined that such a gathering of
watercraft poses a significant risk to
public safety and property. Such
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C. Discussion of the Final 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
the Black River Kayak-a-thon. This zone
will be enforced from 7:45 a.m. until
2:15 p.m. on June 27, 2015. This zone
will encompass all waters of Black
River; Lorain, OH from position
41°27′28″ N and 082°06′10″ W (NAD 83)
in the vicinity of French Creek at river
mile marker 5.0 to position 41°28′11″ N
and 082°10′32″ W (NAD 83) in the
vicinity of the Bascule Bridge at river
mile marker 0.3.
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.
We conclude that this rule is not a
significant regulatory action because we
anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone created by this rule will be
relatively small and enforced for a
relatively short time. Also, the safety
zone is designed to minimize its impact
on navigable waters. Furthermore, the
safety zone has been designed to allow
vessels to transit around it. Thus,
restrictions on vessel movement within
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35845
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 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.
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 Black River on the morning
of June 27, 2015.
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 effective, and thus subject to
enforcement, for only six and a half
hours. 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 enforcement 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.
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Federal Register / Vol. 80, No. 120 / Tuesday, June 23, 2015 / Rules and Regulations
health or risk to safety that may
disproportionately affect children.
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).
11. Indian Tribal Governments
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.
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.
7. Unfunded Mandates Reform Act
14. Environment
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.
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.
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
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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
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17:16 Jun 22, 2015
Jkt 235001
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 165 as follows:
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Frm 00018
Fmt 4700
Sfmt 4700
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add temporary § 165.T09–0496 to
read as follows:
■
§ 165.T09–0496 Safety Zone; Black River
Kayak-a-thon; Black River, Lorain, OH.
(a) Location. This zone will
encompass all waters of Black River;
Lorain, OH from position 41°27′28″ N.
and 082°06′10″ W. (NAD 83) in the
vicinity of French Creek at river mile
marker 5.0 to position 41°28′11″ N. and
082°10′32″ W. (NAD 83) in the vicinity
of the Bascule Bridge at river mile
marker 0.3.
(b) Enforcement period. This
regulation will be enforced on June 27,
2015 from 7:45 a.m. until 2:15 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Buffalo or his
designated on-scene representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
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 must
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: June 8, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2015–15409 Filed 6–22–15; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 80, Number 120 (Tuesday, June 23, 2015)]
[Rules and Regulations]
[Pages 35844-35846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15409]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0496]
RIN 1625-AA00
Safety Zone; Black River Kayak-a-thon; Black River, Lorain, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Black River, Lorain, OH. This safety zone is intended to restrict
vessels from a portion of the Black River during the Black River Kayak-
a-thon. This temporary safety zone is necessary to protect participants
and mariners from the navigational hazards associated with a paddle
sport regatta.
DATES: This rule is effective from 7:45 a.m. until 2:15 p.m. on June
27, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0496]. 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 LT Stephanie Pitts, Chief of Waterways Management, U.S. Coast
Guard Marine Safety Unit Cleveland; telephone 216-937-0128. 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.
[[Page 35845]]
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule
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. 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 impracticable because it would inhibit
the Coast Guard's ability to protect spectators and vessels from the
hazards associated with a paddle sport regatta. Therefore, 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.
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; Public Law 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 7:45 a.m. and 2:15 p.m. on June 27, 2015, a paddle sport
regatta will be held on the Black River, Lorain, OH, from French Creek
at river mile marker 5.0 to the Bascule Bridge at river mile marker
0.3. It is anticipated that up to 75 paddle craft will participate in
the event. The Captain of the Port Buffalo has determined that such a
gathering of watercraft poses a significant risk to public safety and
property. Such hazards include vessels restricted in maneuverability,
vessels with low visibility, and high traffic congestion within a
narrow channel.
C. Discussion of the Final 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 the Black River
Kayak-a-thon. This zone will be enforced from 7:45 a.m. until 2:15 p.m.
on June 27, 2015. This zone will encompass all waters of Black River;
Lorain, OH from position 41[deg]27'28'' N and 082[deg]06'10'' W (NAD
83) in the vicinity of French Creek at river mile marker 5.0 to
position 41[deg]28'11'' N and 082[deg]10'32'' W (NAD 83) in the
vicinity of the Bascule Bridge at river mile marker 0.3.
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.
We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
relatively small and enforced for a relatively short time. Also, the
safety zone is designed to minimize its impact on navigable waters.
Furthermore, the safety zone has been designed to allow vessels to
transit around it. Thus, restrictions on vessel movement within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
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.
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 Black River on the morning of June
27, 2015.
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 effective, and thus subject to enforcement, for
only six and a half hours. 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 enforcement 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.
[[Page 35846]]
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 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 record
keeping 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 temporary Sec. 165.T09-0496 to read as follows:
Sec. 165.T09-0496 Safety Zone; Black River Kayak-a-thon; Black River,
Lorain, OH.
(a) Location. This zone will encompass all waters of Black River;
Lorain, OH from position 41[deg]27'28'' N. and 082[deg]06'10'' W. (NAD
83) in the vicinity of French Creek at river mile marker 5.0 to
position 41[deg]28'11'' N. and 082[deg]10'32'' W. (NAD 83) in the
vicinity of the Bascule Bridge at river mile marker 0.3.
(b) Enforcement period. This regulation will be enforced on June
27, 2015 from 7:45 a.m. until 2:15 p.m.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Buffalo or his designated on-scene representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone must 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: June 8, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-15409 Filed 6-22-15; 8:45 am]
BILLING CODE 9110-04-P
