Security Zone; Senior Government Official's Visit to Cleveland, Lake Erie, Cleveland, OH, 55282-55284 [2018-24059]
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55282
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations
Dated: October 30, 2018.
J.P. Nadeau,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
[FR Doc. 2018–24127 Filed 11–2–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1007]
RIN 1625–AA87
Security Zone; Senior Government
Official’s Visit to Cleveland, Lake Erie,
Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
for navigable waters on Lake Erie for a
senior government official’s visit to
Cleveland, OH. The security zone is
necessary to protect the official party,
the public and surrounding waterways
from terrorist acts, sabotage or other
subversive acts, accidents, or other
causes of a similar nature. Entry of
vessels or persons into the zone is
prohibited unless specifically
authorized by the Captain of the Port
Buffalo or a designated representative.
DATES: This rule is effective from 8:00
a.m. until 8:00 p.m. on November 5,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1007 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LTJG Sean Dolan, 716–843–9322,
email Sean.P.Dolan@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
VerDate Sep<11>2014
16:30 Nov 02, 2018
Jkt 247001
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 it is
impracticable and contrary to the public
interest due to sensitive security issues
related to a Senior Government
Official’s visit to Cleveland, OH.
Providing a public notice and comment
period would be contrary to the security
zone’s intended objective of protecting
the official party and the public.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Any delay encountered in this
temporary rule’s effective date would be
contrary to the public interest given the
need to ensure the safety and security
during a Senior Government Official’s
visit on November 5, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Buffalo has
determined that potential security
hazards are associated with this event in
this area. These hazards include
potential security threats, violent or
disruptive public disorder, delivery of a
weapon of mass destruction, launch of
a stand-off attack weapon, or delivery of
an armed assault force. This rule is
needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the security
zone throughout the duration of the
event.
IV. Discussion of the Rule
On November 5, 2018, a Senior
Government Official is expected to visit
Cleveland, Ohio. The venue will
include locations near downtown
Cleveland. The security zone will cover
all navigable waters within portions of
Lake Erie: 41°31′45″ N, 081°39′20″ W
(just East of Forest City Yacht Club and
West of Quay 55); then extending
approximately 4,000 feet northwest to
position 41°32′23″ N, 081°39′46″ W
(about 900 feet past the east break wall);
then extending approximately 13,000
feet to position 41°31′02″ N, 081°42′10″
W; then extending southwest to the
shoreline at position 41°30′38″ N,
081°41′53″ W (near the northwest edge
of Voinovich Park); then following the
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Fmt 4700
Sfmt 4700
shoreline back to the point of origin, in
the vicinity of the Burke Lakefront
Airport.
The security zone is necessary to
protect the official party, personnel,
vessels, the public and surrounding
waterways from terrorist acts, sabotage
or other subversive acts, accidents, or
other causes of a similar nature. No
vessel or person will be permitted to
enter the security zone without
obtaining permission from the Captain
of the Port (COTP) or a designated
representative.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the fact that we anticipate
that it will have a 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 security zone
created by this rule will be relatively
small and is designed to minimize its
impact on navigable waters.
Furthermore, the security zone has been
designed to allow vessels to transit
around it. Thus, restriction on vessel
movement within that particular area
are expected to be minimal.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
E:\FR\FM\05NOR1.SGM
05NOR1
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations
fields, and governmental jurisdictions
with populations of less than 50,000.
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.
While some owners or operators of
vessels intending to transit the security
zone may be small entities, for the
reasons stated in section V.A above, this
rule will not have a significant
economic impact on any vessel owner
or operator.
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.
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.
C. 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).
D. Federalism and Indian Tribal
Governments
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
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
VerDate Sep<11>2014
16:30 Nov 02, 2018
Jkt 247001
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. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
National Environmental Policy Act of
1969 (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 establishes a
security zone. It is categorically
excluded from further review under
paragraph L60(a) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. A Record of
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
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55283
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 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.T09–1007 to read as
follows:
■
§ 165.T09–1007 Security Zone; Senior
Government Official’s Visit to Cleveland,
Lake Erie, Cleveland, OH.
(a) Location. The security zone will
encompass all waters of Cleveland
Harbor (near the Burke Lakefront
Airport) starting shoreline at position
41°31′ 45″ N, 081°39′ 20″ W (just East
of Forest City Yacht Club and West of
Quay 55); then extending approximately
4,000 feet northwest to position 41°32′
23″ N, 081°39′ 46″ W (about 900 feet
past the east break wall); then extending
approximately 13,000 feet to position
41°31′ 02″ N, 081°42′ 10″ W; then
extending southwest to the shoreline at
position 41°30′ 38″ N, 081°41′ 53″ W
(near the northwest edge of Voinovich
Park); then following the shoreline back
to the point of origin.
(b) Enforcement Period. This rule is
effective from 8:00 a.m. until 8:00 p.m.
on November 5, 2018.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within this
security zone is prohibited unless
authorized by the Captain of the Port
Buffalo or his designated on-scene
representative.
(2) This security 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 security 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
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55284
Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations
of the Port Buffalo, or his on-scene
representative.
II. Background Information and
Regulatory History
Dated: October 30, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
The Coast Guard is issuing this
temporary 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 it is
impracticable. It is impracticable
because we must establish this safety
zone by November 8, 2018 and lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing this rule.
The NPRM process would delay the
establishment of the safety zone until
after the scheduled date of the fireworks
and compromise public safety.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying this rule would be
contrary to public interest because
immediate action is necessary to
respond to the potential safety hazards
associated with the fireworks display.
[FR Doc. 2018–24059 Filed 11–2–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0815]
RIN 1625–AA00
Safety Zone; Upper Mississippi River,
Miles 179 to 180, St. Louis, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the navigable waters of the Upper
Mississippi River from mile marker
(MM) 179 to MM 180. This action is
necessary to provide for the safety of
persons, vessels, and the marine
environment on these navigable waters
near St. Louis, MO, during a fireworks
display. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Upper Mississippi River
or a designated representative.
DATES: This rule is effective from 8 p.m.
through 11:30 p.m. on November 8,
2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0815 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Christian
Barger, Sector Upper Mississippi River
Waterways Management Division, U.S.
Coast Guard; telephone 314–269–2560,
email Christian.J.Barger@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper
Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
VerDate Sep<11>2014
16:30 Nov 02, 2018
Jkt 247001
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector Upper
Mississippi River (COTP) has
determined that potential hazards
associated with a fireworks display on
the evening of November 8, 2018, will
be a safety concern for persons and
vessels on a one-mile stretch of the
Upper Mississippi River. Hazards
associated with firework displays
include accidental discharge of
fireworks, dangerous projectiles, and
falling hot embers or other debris. This
rule is necessary to ensure the safety of
persons, vessels, and the marine
environment on these navigable waters
before, during, and after the fireworks
display.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from 8 p.m. through 11:30
p.m. on November 8, 2018. The safety
zone will cover all navigable waters of
the Upper Mississippi River from mile
179 to mile 180, in St. Louis, Mo. The
duration of the zone is intended to
protect persons, vessels, and the marine
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
environment in these navigable waters
during the fireworks display.
No vessel or person will be permitted
to enter the safety zone without
obtaining permission from the COTP or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard (USCG) assigned
to units under the operational control of
USCG Sector Upper Mississippi River.
To seek permission to enter, contact the
COTP or a designated representative via
VHF–FM channel 16, or through USCG
Sector Upper Mississippi River at 314–
269–2332. Persons and vessels
permitted to enter the safety zone must
comply with all lawful orders or
directions issued by the COTP or
designated representative. The COTP or
a designated representative will inform
the public of the effective period for the
safety zone as well as any changes in the
dates and times of enforcement through
Local Notice to Mariners (LNMs),
Broadcast Notices to Mariners (BNMs),
and/or Marine Safety Information
Bulletins (MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the temporary safety zone.
The safety zone impacts a one-mile
stretch of the Upper Mississippi river
for three and one half hours on one
evening. Moreover, the Coast Guard will
issue a BNM via VHF–FM marine
channel 16 about the zone, and the rule
allows vessels to seek permission to
enter the zone.
E:\FR\FM\05NOR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55282-55284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24059]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1007]
RIN 1625-AA87
Security Zone; Senior Government Official's Visit to Cleveland,
Lake Erie, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
navigable waters on Lake Erie for a senior government official's visit
to Cleveland, OH. The security zone is necessary to protect the
official party, the public and surrounding waterways from terrorist
acts, sabotage or other subversive acts, accidents, or other causes of
a similar nature. Entry of vessels or persons into the zone is
prohibited unless specifically authorized by the Captain of the Port
Buffalo or a designated representative.
DATES: This rule is effective from 8:00 a.m. until 8:00 p.m. on
November 5, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1007 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LTJG Sean Dolan, 716-843-9322, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary 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 it is impracticable and contrary to
the public interest due to sensitive security issues related to a
Senior Government Official's visit to Cleveland, OH. Providing a public
notice and comment period would be contrary to the security zone's
intended objective of protecting the official party and the public.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Any delay encountered in this
temporary rule's effective date would be contrary to the public
interest given the need to ensure the safety and security during a
Senior Government Official's visit on November 5, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Buffalo has determined that potential
security hazards are associated with this event in this area. These
hazards include potential security threats, violent or disruptive
public disorder, delivery of a weapon of mass destruction, launch of a
stand-off attack weapon, or delivery of an armed assault force. This
rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the security zone throughout
the duration of the event.
IV. Discussion of the Rule
On November 5, 2018, a Senior Government Official is expected to
visit Cleveland, Ohio. The venue will include locations near downtown
Cleveland. The security zone will cover all navigable waters within
portions of Lake Erie: 41[deg]31'45'' N, 081[deg]39'20'' W (just East
of Forest City Yacht Club and West of Quay 55); then extending
approximately 4,000 feet northwest to position 41[deg]32'23'' N,
081[deg]39'46'' W (about 900 feet past the east break wall); then
extending approximately 13,000 feet to position 41[deg]31'02'' N,
081[deg]42'10'' W; then extending southwest to the shoreline at
position 41[deg]30'38'' N, 081[deg]41'53'' W (near the northwest edge
of Voinovich Park); then following the shoreline back to the point of
origin, in the vicinity of the Burke Lakefront Airport.
The security zone is necessary to protect the official party,
personnel, vessels, the public and surrounding waterways from terrorist
acts, sabotage or other subversive acts, accidents, or other causes of
a similar nature. No vessel or person will be permitted to enter the
security zone without obtaining permission from the Captain of the Port
(COTP) or a designated representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the fact that we
anticipate that it will have a 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 security zone created by this rule will be
relatively small and is designed to minimize its impact on navigable
waters. Furthermore, the security zone has been designed to allow
vessels to transit around it. Thus, restriction on vessel movement
within that particular area are expected to be minimal.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
[[Page 55283]]
fields, and governmental jurisdictions with populations of less than
50,000. 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.
While some owners or operators of vessels intending to transit the
security zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
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.
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.
C. 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).
D. Federalism and Indian Tribal Governments
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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (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
establishes a security zone. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. 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.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 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.T09-1007 to read as follows:
Sec. 165.T09-1007 Security Zone; Senior Government Official's Visit
to Cleveland, Lake Erie, Cleveland, OH.
(a) Location. The security zone will encompass all waters of
Cleveland Harbor (near the Burke Lakefront Airport) starting shoreline
at position 41[deg]31' 45'' N, 081[deg]39' 20'' W (just East of Forest
City Yacht Club and West of Quay 55); then extending approximately
4,000 feet northwest to position 41[deg]32' 23'' N, 081[deg]39' 46'' W
(about 900 feet past the east break wall); then extending approximately
13,000 feet to position 41[deg]31' 02'' N, 081[deg]42' 10'' W; then
extending southwest to the shoreline at position 41[deg]30' 38'' N,
081[deg]41' 53'' W (near the northwest edge of Voinovich Park); then
following the shoreline back to the point of origin.
(b) Enforcement Period. This rule is effective from 8:00 a.m. until
8:00 p.m. on November 5, 2018.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within this security
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his designated on-scene representative.
(2) This security 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
security 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
[[Page 55284]]
of the Port Buffalo, or his on-scene representative.
Dated: October 30, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-24059 Filed 11-2-18; 8:45 am]
BILLING CODE 9110-04-P
