Safety Zones; Cleveland Dragon Boat Festival and Head of the Cuyahoga, Cuyahoga River, Cleveland, OH, 51943-51945 [2015-21301]
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
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 13, 2015.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2015–21300 Filed 8–26–15; 8:45 am]
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
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, email
Stephanie.m.pitts@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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
BILLING CODE 9110–04–P
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
A. Regulatory History and Information
33 CFR Part 165
[Docket No. USCG–2014–0082]
RIN 1625–AA00
Safety Zones; Cleveland Dragon Boat
Festival and Head of the Cuyahoga,
Cuyahoga River, Cleveland, OH
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing regulations for annual,
combined marine events that require the
establishment of a temporary safety
zone within the Captain of the Port
Zone Buffalo on the Cuyahoga River,
Cleveland, OH. This safety zone
regulation is necessary to protect the
surrounding public, spectators,
participants, and vessels from the
hazards associated with the rowing
regatta in the narrow waterway of the
Cuyahoga River. This rule is intended to
restrict vessels annually from a portion
of the Cuyahoga River for up to 9 hours
during the combined Dragon Boat
Festival and the Head of the Cuyahoga
Regatta.
DATES: This rule is effective September
28, 2015.
ADDRESSES: Documents mentioned in
this preamble are part of docket [USCG–
2014–0082]. 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
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SUMMARY:
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The Head of the Cuyahoga (HOTC)
rowing regatta has occurred annually for
over a decade and the Dragon Boat
Festival for the last 8 years. In response
to past years’ events, the Coast Guard
established a temporary safety zone to
protect the boating public. For example,
in 2013, the Captain of the Port Buffalo
initiated a rulemaking (78 FR 42736,
July 17, 2013) to ensure the safety of
spectators and vessels during the rowing
event. The safety zone in this final rule
is identical in size, location, and effect
as that established by the 2013
rulemaking.
B. Basis and Purpose
As mentioned in the ‘‘Regulatory
History and Information’’ section, the
HOTC is an annual rowing regatta that
has taken place for over a decade. The
HOTC takes place on the Cuyahoga
River along a 4800 meter course and
attracts numerous rowing clubs and
programs from across the U.S.
Typically, the event occurs on the third
Saturday of September between the
hours of 7 a.m. and 4 p.m. In 2014, the
HOTC occurred between 6 a.m. and 4
p.m. on September 20th.
In conjunction with the HOTC, the
Seventh Annual Cleveland Dragon Boat
Festival will take place from Superior/
Nautica Bend to just north of the Detroit
Superior Viaduct Bridge. The Dragon
Boat festival will feature three head-tohead races being held over the course of
the day.
The Captain of the Port Buffalo has
determined that the HOTC and the
Cleveland Dragon Boat Festival rowing
events present significant hazards to
public spectators and participants.
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51943
C. Discussion of Comments, Changes
and the Final Rule
We received one comment on the
NPRM (79 FR 24656). This comment
requested the time of enforcement be
changed from 10 hours to 9 hours and
to begin at 7 a.m. in lieu of the proposed
6 a.m. and still end at 4 p.m. as
originally proposed. This change was
requested for the better facilitation of
trade on the Cuyahoga River. Of note,
the commenter, Great Lakes Carriers
Association noted that they completed a
memorandum of agreement with the
Cuyahoga River rowing foundation to
address this very issue and to formalize
the agreement between them to better
allow for diverse use of the river
without hampering trade and vital to the
local economy. The Coast Guard, upon
reviewing the comment considers the
change to the proposal to be in the best
interest of this rule and has amended
the final rule to be effective for 9 hours,
beginning at 7 a.m. and ending at 4 p.m.
as requested.
The enforcement date and times for
the safety zone that is listed in 33 CFR
165.T09–0082 is to occur on the 3rd
Saturday of September of each year and
to begin 7 a.m. and end at 4 p.m. For
any given year, the Captain of the Port
Sector Buffalo will provide notice to the
public by publishing a Notice of
Enforcement in the Federal Register, as
well as, issuing a Broadcast Notice to
Mariners.
Entry into, transiting, or anchoring
within the safety zones identified in
§ 165.T09–0082 will be prohibited
unless authorized by the Captain of the
Port Buffalo or his on-scene
representative. The Captain of the Port
or his 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 or 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.
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
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 received no comments
from the Small Business Administration
on this rule. 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 would affect the following
entities, some of which might be small
entities: The owners and operators of
vessels intending to transit or anchor in
the safety zone while the zone is being
enforced. The safety zone will not have
a significant economic impact on a
substantial number of small entities for
the following reasons: Each safety zone
in this rule will be in enforced for no
more than 9 hours in any 24 hour period
and enforced only once per year and
will be in areas with low commercial
vessel traffic. Furthermore, this safety
zone has been designed to mitigate the
delay to traffic by shortening the
enforcement period. In the event that a
safety zone affects shipping, commercial
vessels may request permission from the
Captain of the Port Buffalo or his or her
designated representative to transit the
safety zone or remain in the safety zone
during the event.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please contact the person listed in the
FOR FURTHER INFORMATION CONTACT
section above.
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3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, 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
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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.
10. Protection of Children From
Environmental Health Risks
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
would not create an environmental risk
to health or risk to safety that might
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 would 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.
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.
12. Energy Effects
This rule 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.
9. Civil Justice Reform
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 made a preliminary determination
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 is
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Commandant
Instruction because it involves the
establishment of a safety zone.
An environmental analysis checklist
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.
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.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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
would 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 would 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.
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Federal Register / Vol. 80, No. 166 / Thursday, August 27, 2015 / Rules and Regulations
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:
■
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.T09–0082 to read as
follows:
■
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§ 165.T09–0082 Safety Zone; Cleveland
Dragon Boat Festival and Head of the
Cuyahoga, Cuyahoga River, Cleveland, OH.
(a) Location. The following area is a
safety zone: All waters of the Cuyahoga
River, Cleveland, OH between a line
drawn perpendicular to the river banks
from position 41°29′55″ N., 081°42′23″
W. (NAD 83) just past the DetroitSuperior Viaduct bridge at MM 1.42 of
the Cuyahoga River south to a line
drawn perpendicular to the river banks
at position 41°28′32″ N., 081°40′16″ W.
(NAD 83) just south of the Interstate 490
bridge at MM 4.79 of the Cuyahoga
River.
(b) Enforcement period. The third
Saturday of September each year from 7
a.m. to 4 p.m.
(c) Definitions. The following
definitions apply to this section:
(1) ‘‘On-scene Representative’’ means
any Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port Buffalo to
monitor a safety zone, permit entry into
the zone, give legally enforceable orders
to persons or vessels within the zones,
and take other actions authorized by the
Captain of the Port.
(2) ‘‘Public vessel’’ means vessels
owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into, transiting, or
anchoring within this safety zone
identified in paragraph (a) of this
section is prohibited unless authorized
by the Captain of the Port Buffalo or his
designated on-scene representative.
(2) The safety zone identified in
paragraph (a) of this section 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) 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
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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.
(4) Additionally, all vessels over 65
feet intending to transit, moor or
conduct operations to include loading
or discharging of cargo or passengers in
the Cuyahoga River while the safety
zone is being enforced should request
permission from the COTP or his/her
designated representative at least 12
hours before the zone is established.
(e) Exemption. Public vessels, as
defined in paragraph (c) of this section,
are exempt from the requirements in
this section.
(f) Waiver. For any vessel, the Captain
of the Port Buffalo or his designated
representative may waive any of the
requirements of this section, upon
finding that operational conditions or
other circumstances are such that
application of this section is
unnecessary or impractical for the
purposes of public or environmental
safety.
Dated: August 7, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2015–21301 Filed 8–26–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 7
[NPS–CUVA–18292; PPMWCUVAR0,
PPMRSNR1Z.Y00000]
RIN 1024–AE18
Special Regulations; Areas of the
National Park System, Cuyahoga
Valley National Park, Bicycling
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
The rule authorizes and
allows for the management of bicycle
use on certain new trails within
Cuyahoga Valley National Park. The
National Park Service general regulation
pertaining to bicycles requires
promulgation of a special regulation to
authorize bicycle use on new trails
constructed outside of developed areas.
DATES: The rule is effective September
28, 2015.
FOR FURTHER INFORMATION CONTACT: Lisa
Petit, Chief of Resource Management,
SUMMARY:
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51945
Cuyahoga Valley National Park, (440)
546–5970.
SUPPLEMENTARY INFORMATION:
Background
Legislation and Purposes of Cuyahoga
Valley National Park
On December 27, 1974, President
Gerald Ford signed Pub. L. 93–555
creating Cuyahoga Valley National
Recreation Area for the purpose of
‘‘preserving and protecting for public
use and enjoyment, the historic, scenic,
natural, and recreational values of the
Cuyahoga River and the adjacent lands
of the Cuyahoga Valley and for the
purpose of providing for the
maintenance of needed recreational
open space necessary to the urban
environment.’’ In 2000, Congress
redesignated Cuyahoga Valley National
Recreation Area as Cuyahoga Valley
National Park (CUVA or Park) with the
passage of the Department of the Interior
and Related Agencies Appropriations
Act (Pub. L. 106–291).
CUVA is an important national
resource within a predominantly
metropolitan region, where the Park is
visited by approximately 2,500,000
people annually. Located in Cuyahoga
and Summit Counties, Ohio, and
situated between the cities of Cleveland
and Akron, CUVA includes
approximately 33,000 acres of land,
with 19,000 acres under the
administration of the National Park
Service (NPS). The Park contains
significant resources, including the
Cuyahoga River Valley and its
associated ecological functions, rich
cultural resources and landscapes, and
a variety of recreational and outdoor use
opportunities.
In the 1930’s the Cuyahoga Valley
provided a respite for urban dwellers
from Cleveland and Akron. During this
time period, private estates in the
Cuyahoga Valley had established trails
and carriage roads for their private
recreational enjoyment, including
places like the Old Carriage trail area
and the Wetmore trails. Over the years,
these lands and other park lands were
incorporated into the Cleveland
Metroparks and Summit Metro Parks
that are now part of what is designated
as CUVA. Two significant trail corridors
accelerated the recreational connections
to the Valley: The conversion of an
abandoned railroad bed to the Bike and
Hike Trail in 1970 and the construction
of the Towpath Trail in the late 1980’s
and early 1990’s. Many of the trails from
the earliest days of Cuyahoga Valley as
a recreation destination remain today
for visitors to enjoy and share the
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]]>Agencies
[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51943-51945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21301]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0082]
RIN 1625-AA00
Safety Zones; Cleveland Dragon Boat Festival and Head of the
Cuyahoga, Cuyahoga River, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing regulations for annual,
combined marine events that require the establishment of a temporary
safety zone within the Captain of the Port Zone Buffalo on the Cuyahoga
River, Cleveland, OH. This safety zone regulation is necessary to
protect the surrounding public, spectators, participants, and vessels
from the hazards associated with the rowing regatta in the narrow
waterway of the Cuyahoga River. This rule is intended to restrict
vessels annually from a portion of the Cuyahoga River for up to 9 hours
during the combined Dragon Boat Festival and the Head of the Cuyahoga
Regatta.
DATES: This rule is effective September 28, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0082]. 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, email
Stephanie.m.pitts@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 Head of the Cuyahoga (HOTC) rowing regatta has occurred
annually for over a decade and the Dragon Boat Festival for the last 8
years. In response to past years' events, the Coast Guard established a
temporary safety zone to protect the boating public. For example, in
2013, the Captain of the Port Buffalo initiated a rulemaking (78 FR
42736, July 17, 2013) to ensure the safety of spectators and vessels
during the rowing event. The safety zone in this final rule is
identical in size, location, and effect as that established by the 2013
rulemaking.
B. Basis and Purpose
As mentioned in the ``Regulatory History and Information'' section,
the HOTC is an annual rowing regatta that has taken place for over a
decade. The HOTC takes place on the Cuyahoga River along a 4800 meter
course and attracts numerous rowing clubs and programs from across the
U.S. Typically, the event occurs on the third Saturday of September
between the hours of 7 a.m. and 4 p.m. In 2014, the HOTC occurred
between 6 a.m. and 4 p.m. on September 20th.
In conjunction with the HOTC, the Seventh Annual Cleveland Dragon
Boat Festival will take place from Superior/Nautica Bend to just north
of the Detroit Superior Viaduct Bridge. The Dragon Boat festival will
feature three head-to-head races being held over the course of the day.
The Captain of the Port Buffalo has determined that the HOTC and
the Cleveland Dragon Boat Festival rowing events present significant
hazards to public spectators and participants.
C. Discussion of Comments, Changes and the Final Rule
We received one comment on the NPRM (79 FR 24656). This comment
requested the time of enforcement be changed from 10 hours to 9 hours
and to begin at 7 a.m. in lieu of the proposed 6 a.m. and still end at
4 p.m. as originally proposed. This change was requested for the better
facilitation of trade on the Cuyahoga River. Of note, the commenter,
Great Lakes Carriers Association noted that they completed a memorandum
of agreement with the Cuyahoga River rowing foundation to address this
very issue and to formalize the agreement between them to better allow
for diverse use of the river without hampering trade and vital to the
local economy. The Coast Guard, upon reviewing the comment considers
the change to the proposal to be in the best interest of this rule and
has amended the final rule to be effective for 9 hours, beginning at 7
a.m. and ending at 4 p.m. as requested.
The enforcement date and times for the safety zone that is listed
in 33 CFR 165.T09-0082 is to occur on the 3rd Saturday of September of
each year and to begin 7 a.m. and end at 4 p.m. For any given year, the
Captain of the Port Sector Buffalo will provide notice to the public by
publishing a Notice of Enforcement in the Federal Register, as well as,
issuing a Broadcast Notice to Mariners.
Entry into, transiting, or anchoring within the safety zones
identified in Sec. 165.T09-0082 will be prohibited unless authorized
by the Captain of the Port Buffalo or his on-scene representative. The
Captain of the Port or his 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 or 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.
[[Page 51944]]
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
received no comments from the Small Business Administration on this
rule. 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 would affect the following entities, some of which might
be small entities: The owners and operators of vessels intending to
transit or anchor in the safety zone while the zone is being enforced.
The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Each
safety zone in this rule will be in enforced for no more than 9 hours
in any 24 hour period and enforced only once per year and will be in
areas with low commercial vessel traffic. Furthermore, this safety zone
has been designed to mitigate the delay to traffic by shortening the
enforcement period. In the event that a safety zone affects shipping,
commercial vessels may request permission from the Captain of the Port
Buffalo or his or her designated representative to transit the safety
zone or remain in the safety zone during the event.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please contact the person listed
in the FOR FURTHER INFORMATION CONTACT section above.
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,
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 would 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 would 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 From Environmental Health Risks
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 would not create an
environmental risk to health or risk to safety that might
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 would 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 rule 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 made a
preliminary determination 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 is categorically excluded,
under figure 2-1, paragraph (34)(g), of the Commandant Instruction
because it involves the establishment of a safety zone.
An environmental analysis checklist 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.
[[Page 51945]]
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.T09-0082 to read as follows:
Sec. 165.T09-0082 Safety Zone; Cleveland Dragon Boat Festival and
Head of the Cuyahoga, Cuyahoga River, Cleveland, OH.
(a) Location. The following area is a safety zone: All waters of
the Cuyahoga River, Cleveland, OH between a line drawn perpendicular to
the river banks from position 41[deg]29'55'' N., 081[deg]42'23'' W.
(NAD 83) just past the Detroit-Superior Viaduct bridge at MM 1.42 of
the Cuyahoga River south to a line drawn perpendicular to the river
banks at position 41[deg]28'32'' N., 081[deg]40'16'' W. (NAD 83) just
south of the Interstate 490 bridge at MM 4.79 of the Cuyahoga River.
(b) Enforcement period. The third Saturday of September each year
from 7 a.m. to 4 p.m.
(c) Definitions. The following definitions apply to this section:
(1) ``On-scene Representative'' means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Buffalo
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) ``Public vessel'' means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone identified in paragraph (a) of this section is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative.
(2) The safety zone identified in paragraph (a) of this section 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) 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.
(4) Additionally, all vessels over 65 feet intending to transit,
moor or conduct operations to include loading or discharging of cargo
or passengers in the Cuyahoga River while the safety zone is being
enforced should request permission from the COTP or his/her designated
representative at least 12 hours before the zone is established.
(e) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Buffalo or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
Dated: August 7, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-21301 Filed 8-26-15; 8:45 am]
BILLING CODE 9110-04-P
