Safety Zone; Cleveland National Air Show; Lake Erie and Cleveland Harbor, Cleveland, OH, 50769-50771 [2015-20739]
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Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations
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bridge maintenance activities to include
repairing and preserving the bascule
drawbridge structural steel. The Lewis
and Clark Bridge provides a vertical
clearance of 17.3 feet above mean high
water when in the closed-to-navigation
position. The normal operating schedule
of the Oregon State highway bridge can
be found in 33 CFR 117.899(c). This
deviation period is from 7 a.m. on
August 20, 2015 to 5 p.m. on October
30, 2015. The deviation allows the
bascule span of the Lewis and Clark
River Bridge to remain in the closed-tonavigation position Monday, Tuesday,
Wednesday, Friday and Saturday
throughout the deviation period. In
addition, the span will be in the closedto-navigation position on Thursdays,
but available to open from 7 a.m. to 4
p.m. when given 3 hours advanced
notice. The bridge will operate as
normal on Sundays in accordance with
33 CFR 117.899(c). Waterway usage on
the Lewis and Clark River is primarily
small recreational boaters and fishing
vessels transiting to and from Astoria
Marine Construction Company.
The bascule span of the bridge will
have a containment system installed
which will reduce the vertical clearance
by 5 feet from 17.3 feet above mean high
water to 12.3 feet above mean high
water. Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at any time. The
bridge will be able to open for any
emergency if a three-hour notice is
given from 7 a.m. to 4 p.m. Monday
through Saturday; on Sundays the
bridge will be able to open in
accordance with 33 CFR 117.899(c), and
there is no immediate alternate route for
vessels to pass. The Coast Guard will
also inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessels can arrange their transits to
minimize any impact caused by the
temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: August 17, 2015.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2015–20670 Filed 8–20–15; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0718]
RIN 1625–AA00
Safety Zone; Cleveland National Air
Show; Lake Erie and Cleveland Harbor,
Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
Lake Erie and Cleveland Harbor,
Cleveland, OH. This safety zone is
intended to restrict vessels from a
portion of Lake Erie and Cleveland
Harbor during the Cleveland National
Air Show. This temporary safety zone is
necessary to protect participants,
spectators, and vessels from the hazards
associated with aerial insertions and
aircraft maneuvers.
DATES: This rule is effective from 2:20
p.m. on September 3, 2015 until 6 p.m.
on September 7, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2015–0718]. 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 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.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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50769
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 maritime fireworks
display.
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; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, and 160.5; and Department of
Homeland Security Delegation No.
0170.1, which collectively authorize the
Coast Guard to establish and define
regulatory safety zones.
The Cleveland National Air Show has
been taking place annually since 1964.
During the 2015 show, as with shows in
the past, there will be various high
speed aerial and military tactical
demonstrations on and over Burke
Lakefront to include various maneuvers
by U. S. Air Force Thunderbirds and
civilian aircraft and by personnel on the
Burke Lakefront Airport grounds.
Specifically, this year’s aerial and
military tactical demonstrations will
take place between 2:20 p.m. to 4:30
p.m. on September 3, 2015, 10:00 a.m.
to 4:30 p.m. on September 4, 2015, and
8:00 a.m. to 6:00 p.m. on September 5,
2015 through September 7, 2015. A
heavy amount of recreational boating
traffic is expected for these
demonstrations. The Captain of the Port
Buffalo has determined that the
maneuvers combined with a high
concentration of recreational vessels
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50770
Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations
will create significant risks for the
boating public.
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 participants and the boating
public during the Cleveland National
Air Show. This zone will be enforced
from 2:20 p.m. until 4:30 p.m. on
September 3, 2015, from 10 a.m. until
4:30 p.m. on September 4, 2015, from 8
a.m. until 6 p.m. on September 5, 2015,
from 8 a.m. until 6 p.m. on September
6, 2015, and from 8 a.m. until 6 p.m. on
September 7, 2015. This zone will
encompass a portion of Lake Erie and
Cleveland Harbor; Cleveland, OH
starting at position 41°30′20″ N. and
081°42′20″ W. to 41°30′50″ N. and
081°42′49″ W., then to 41°32′09″ N. and
081°39′49″ W., then to 41°31′53″N. and
081°39′24″ W., then return to the point
of origin (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.
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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
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14:16 Aug 20, 2015
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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 Lake Erie and Cleveland
Harbor from 2:20 p.m. to 4:30 p.m. on
September 3, 2015, 10:00 a.m. to 4:30
p.m. on September 4, 2015, and 8:00
a.m. to 6:00 p.m. on September 5, 2015
through September 7, 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 approximately ten
hours each day in an area with low
commercial vessel traffic. 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
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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
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Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Rules and Regulations
List of Subjects in 33 CFR Part 165
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.
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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.
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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
1. The authority citation for part 165
continues to read as follows:
50771
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port Buffalo, or his on-scene
representative.
Dated: August 7, 2015.
B. W. Roche,
Captain, U. S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2015–20739 Filed 8–20–15; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T09–0718 to read as
follows:
■
§ 165.T09–0718 Safety Zone; Cleveland
National Air Show; Lake Erie and Cleveland
Harbor, Cleveland, OH.
(a) Location. This zone will
encompass a portion of Lake Erie and
Cleveland Harbor; Cleveland, OH
starting at position 41°30′20″ N. and
081°42′20″ W. to 41°30′50″ N. and
081°42′49″ W., then to 41°32′09″ N. and
081°39′49″ W., then to 41°31′53″N. and
081°39′24″ W., then return to the point
of origin (NAD 83).
(b) Enforcement period. This
regulation will be enforced from 2:20
p.m. until 4:30 p.m. on September 3,
2015, from 10 a.m. until 4:30 p.m. on
September 4, 2015, from 8 a.m. until 6
p.m. on September 5, 2015, from 8 a.m.
until 6 p.m. on September 6, 2015, and
from 8 a.m. until 6 p.m. on September
7, 2015.
(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
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0276]
RIN 1625–AA00
Safety Zone, Swim Around Charleston;
Charleston, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary moving safety
zone during the Swim Around
Charleston, a swimming race occurring
on waters of the Wando River, the
Cooper River, Charleston Harbor, and
the Ashley River, in Charleston, South
Carolina. The Swim Around Charleston
is scheduled to take place on September
26, 2015. The temporary safety zone is
necessary for the safety of the
swimmers, participant vessels,
spectators, and the general public
during the event. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone unless authorized
by the Captain of the Port Charleston or
a designated representative.
DATES: This rule is effective from noon
until 6 p.m. on September 26, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0276. 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
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50769-50771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20739]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0718]
RIN 1625-AA00
Safety Zone; Cleveland National Air Show; Lake Erie and Cleveland
Harbor, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on
Lake Erie and Cleveland Harbor, Cleveland, OH. This safety zone is
intended to restrict vessels from a portion of Lake Erie and Cleveland
Harbor during the Cleveland National Air Show. This temporary safety
zone is necessary to protect participants, spectators, and vessels from
the hazards associated with aerial insertions and aircraft maneuvers.
DATES: This rule is effective from 2:20 p.m. on September 3, 2015 until
6 p.m. on September 7, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0718]. 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 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.
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 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 maritime fireworks display.
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
The Cleveland National Air Show has been taking place annually
since 1964. During the 2015 show, as with shows in the past, there will
be various high speed aerial and military tactical demonstrations on
and over Burke Lakefront to include various maneuvers by U. S. Air
Force Thunderbirds and civilian aircraft and by personnel on the Burke
Lakefront Airport grounds. Specifically, this year's aerial and
military tactical demonstrations will take place between 2:20 p.m. to
4:30 p.m. on September 3, 2015, 10:00 a.m. to 4:30 p.m. on September 4,
2015, and 8:00 a.m. to 6:00 p.m. on September 5, 2015 through September
7, 2015. A heavy amount of recreational boating traffic is expected for
these demonstrations. The Captain of the Port Buffalo has determined
that the maneuvers combined with a high concentration of recreational
vessels
[[Page 50770]]
will create significant risks for the boating public.
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 participants and the boating public during the
Cleveland National Air Show. This zone will be enforced from 2:20 p.m.
until 4:30 p.m. on September 3, 2015, from 10 a.m. until 4:30 p.m. on
September 4, 2015, from 8 a.m. until 6 p.m. on September 5, 2015, from
8 a.m. until 6 p.m. on September 6, 2015, and from 8 a.m. until 6 p.m.
on September 7, 2015. This zone will encompass a portion of Lake Erie
and Cleveland Harbor; Cleveland, OH starting at position 41[deg]30'20''
N. and 081[deg]42'20'' W. to 41[deg]30'50'' N. and 081[deg]42'49'' W.,
then to 41[deg]32'09'' N. and 081[deg]39'49'' W., then to
41[deg]31'53''N. and 081[deg]39'24'' W., then return to the point of
origin (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.
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 Lake Erie and Cleveland Harbor
from 2:20 p.m. to 4:30 p.m. on September 3, 2015, 10:00 a.m. to 4:30
p.m. on September 4, 2015, and 8:00 a.m. to 6:00 p.m. on September 5,
2015 through September 7, 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
approximately ten hours each day in an area with low commercial vessel
traffic. 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.
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
[[Page 50771]]
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T09-0718 to read as follows:
Sec. 165.T09-0718 Safety Zone; Cleveland National Air Show; Lake Erie
and Cleveland Harbor, Cleveland, OH.
(a) Location. This zone will encompass a portion of Lake Erie and
Cleveland Harbor; Cleveland, OH starting at position 41[deg]30'20'' N.
and 081[deg]42'20'' W. to 41[deg]30'50'' N. and 081[deg]42'49'' W.,
then to 41[deg]32'09'' N. and 081[deg]39'49'' W., then to
41[deg]31'53''N. and 081[deg]39'24'' W., then return to the point of
origin (NAD 83).
(b) Enforcement period. This regulation will be enforced from 2:20
p.m. until 4:30 p.m. on September 3, 2015, from 10 a.m. until 4:30 p.m.
on September 4, 2015, from 8 a.m. until 6 p.m. on September 5, 2015,
from 8 a.m. until 6 p.m. on September 6, 2015, and from 8 a.m. until 6
p.m. on September 7, 2015.
(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: August 7, 2015.
B. W. Roche,
Captain, U. S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-20739 Filed 8-20-15; 8:45 am]
BILLING CODE 9110-04-P
