Safety Zones; Cleveland Dragon Boat Festival and Head of the Cuyahoga, Cuyahoga River, Cleveland, OH, 51943-51945 [2015-21301]

Download as PDF 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 http:// 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 rmajette on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:03 Aug 26, 2015 Jkt 235001 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. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27AUR1.SGM 27AUR1 51944 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. rmajette on DSK2VPTVN1PROD with RULES 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 VerDate Sep<11>2014 14:03 Aug 26, 2015 Jkt 235001 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. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\27AUR1.SGM 27AUR1 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: ■ rmajette on DSK2VPTVN1PROD with RULES § 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 VerDate Sep<11>2014 14:03 Aug 26, 2015 Jkt 235001 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: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27AUR1.SGM 27AUR1

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]


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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 http://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