Safety Zone; Cuyahoga 50th Parade of Lights; Cuyahoga River, Cleveland, OH, 29073-29076 [2019-13261]

Download as PDF Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations BILLING CODE 9110–04–P to ensure participant and spectator safety for this year’s Fleet Week Maritime Festival. During this year’s Fleet Week Maritime Festival, entry into, transit through, mooring, or anchoring within this safety zone is authorized unless directed otherwise by the Captain of the Port, Puget Sound, or her designated representative. DATES: The Coast Guard does not plan to enforce the regulations in 33 CFR 165.1330 in 2019. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of non-enforcement, call or email Lieutenant Ellie Wu, Sector Puget Sound Waterways Management Division, U.S. Coast Guard; telephone (206) 217–6051, email SectorPugetSoundWWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard does not plan to enforce the safety zone for the Fleet Week Maritime Festival in 33 CFR 165.1330 in 2019. We normally enforce this regulation for the Parade of Ships during the festival, but do not plan to enforce it this year because based on the Captain of the Port’s current assessment, enforcement of this regulation is not needed to ensure participant and spectator safety for this year’s Fleet Week Maritime Festival. In addition to this notice of nonenforcement in the Federal Register, the Coast Guard will provide the maritime community with advanced notification via the Local Notice to Mariners and marine information broadcasts. If the Captain of the Port determines that the regulated area needs to be enforced, she will issue a Broadcast Notice to Mariners and provide actual notice of enforcement. [Docket No. USCG–2019–0315] DEPARTMENT OF HOMELAND SECURITY Dated: June 18, 2019. L.A. Sturgis, Captain, U.S. Coast Guard, Captain of the Port, Puget Sound. Safety Zone; Lower Mississippi River, New Orleans, LA Coast Guard designated representative by contacting the on-scene patrol craft on VHF Ch 13 or Ch 16. Requests must include the reason why movement within this area is necessary. Vessel operators granted permission to enter the security zones will be escorted by the on-scene patrol craft until they are outside of the security zones. In addition to this notice of enforcement, the Coast Guard will provide the maritime community with advanced notification of the security zones via the Local Notice to Mariners and marine information broadcasts on the day of the event. In the event that there are changes to the participating vessels, due to operational requirements, the Coast Guard will provide actual notice for any additional designated participating vessels not covered in this notice. In addition, members of the public may contact Sector Puget Sound COTP at 206–217–6002 for an up-to-date list of designated participating vessels. If the COTP determines that the security zones need not be enforced for the full duration stated in this notice of enforcement, a Broadcast Notice to Mariners may be used to grant general permission to enter all portions of the regulated areas. Dated: June 18, 2019. L.A. Sturgis, Captain, U.S. Coast Guard, Captain of the Port Puget Sound. [FR Doc. 2019–13272 Filed 6–20–19; 8:45 am] BILLING CODE 9110–04–P The regulations in 33 CFR 165.801, Table 5, Line 3 will be enforced from 8:30 p.m. through 9:30 p.m. on July 4, 2019. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Lieutenant Commander Benjamin Morgan, Sector New Orleans, U.S. Coast Guard; telephone 504–365–2281, email Benjamin.P.Morgan@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a temporary safety zone in 33 CFR 165.801, Table 5, line 3, for the Riverfront Marketing Group Independence Day celebration fireworks display event. This regulation will be enforced from 8:30 p.m. through 9:30 p.m. on July 4, 2019. This action is needed to provide for the safety of life on these navigable waterways during this event. Our regulation for marine events within the Eighth Coast Guard District, 33 CFR 165.801, specifies the location of the regulated area on the Lower Mississippi River, between Mile Marker (MM) 94.3 and MM 95.3. During the enforcement period, as reflected in § 165.801, if you are the operator of a vessel in the temporary safety zone, you must comply with directions from the Captain of the Port Sector New Orleans or a designated representative. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via a Broadcast Notice to Mariners. DATES: Dated: June 17, 2019. W.E. Watson, Captain, U.S. Coast Guard, Acting Captain of the Port Sector New Orleans. DEPARTMENT OF HOMELAND SECURITY [FR Doc. 2019–13206 Filed 6–20–19; 8:45 am] Coast Guard 33 CFR Part 165 [FR Doc. 2019–13275 Filed 6–20–19; 8:45 am] BILLING CODE 9110–04–P Coast Guard, DHS. ACTION: Notice of enforcement of regulation. 33 CFR Part 165 The Coast Guard will enforce a temporary safety zone for a fireworks display located on the navigable waters of the Lower Mississippi River between Mile Marker (MM) 94.3 and MM 95.3. This action is needed to provide for the safety of life on these navigable waterways during this event. During the enforcement period, the operator of any vessel in the safety zone must comply with directions from the Captain of the Port Sector New Orleans or a designated representative. Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay, Seattle, Washington AGENCY: SUMMARY: jspears on DSK30JT082PROD with RULES 29073 VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 [Docket No. USCG–2019–0459] Coast Guard, DHS. ACTION: Notice of non-enforcement of regulation. AGENCY: The Coast Guard does not plan to enforce the Fleet Week Maritime Festival’s Pier 66 Safety Zone in Elliott Bay, WA in 2019. The Captain of the Port has determined that enforcement of this regulation is not presently needed SUMMARY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0211] RIN 1625–AA00 Safety Zone; Cuyahoga 50th Parade of Lights; Cuyahoga River, Cleveland, OH Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: E:\FR\FM\21JNR1.SGM 21JNR1 29074 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations The Coast Guard is establishing a moving safety zone to provide for the safety of life on these navigable waters in the Cuyahoga River, Cleveland, OH, during the Cuyahoga 50th Parade of Lights on June 22, 2019. This temporary safety zone is necessary to protect personnel, vessels, and the marine environment from the potential hazards created by 125 vessels transiting in the river with decorative lights not normally used as navigation lights. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Buffalo. DATES: This rule is effective from 9:15 p.m. until 11:15 p.m. on June 22, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0211 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 LT Ryan Junod, Chief of Waterways Management, U.S. Coast Guard Marine Safety Unit Cleveland; telephone 216–937–0124, email ryan.s.junod@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: 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 jspears on DSK30JT082PROD with RULES II. Background Information and Regulatory History On January 30, 2019, the Lake Erie Marine Trades Association notified the Coast Guard that it will be conducting a Boat Parade from 9:30 to 11:00 p.m. on June 22, 2019, to commemorate the 50th Anniversary of the Burning River. The boat parade will begin in Cleveland Harbor west basin and proceed upriver to Merwin’s Wharf where they will turn around and head back down river to Lake Erie. In response, on April 26, 2019, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Cuyahoga 50th Parade of Lights; Cuyahoga River, Cleveland, OH (84 FR 17760). We stated why we proposed this rulemaking, and invited comments on our regulatory action related to this Boat Parade. During the comment period that ended May 28, 2019, we received one comment. VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 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 the effective date would be contrary to the rule’s objectives of ensuring safety of life on the navigable waters and protection of persons and vessels near the boat parade. V. Regulatory Analyses III. Legal Authority and Need for Rule 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 this rule not being a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the safety zone is designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Buffalo determined that potential hazards associated with 125 vessels displaying decorative lights that are not used for navigation will be a safety concern for other vessels underway. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the Cuyahoga 50th Parade of Lights. IV. Discussion of Comments, Changes, and the Rule We received one comment on our NPRM published April 26, 2019. The comment requested information on how the rule will be enforced, and how local communities are being notified. The rule will be enforced by U.S. Coast Guard Station personnel on behalf of the Captain of the Port Buffalo, the event was published in the Local Notice to Mariners and there will be a Broadcast Notice to Mariners for notification to the public. There are no changes in the regulatory text of this temporary final rule from the proposed rule in the NPRM due to the comments. This rule establishes a safety zone from 9:30 p.m. through 11:15 p.m. on June 22, 2019. The moving safety zone will encompass all waters within 25 feet of the vessels participating in the Cuyahoga 50th Parade of Lights in the Cuyahoga River. The safety zone will move with participating vessels as they transit from the mouth of the Cuyahoga River in the vicinity of position 41°29′59″ N, 081°43′31″ W, to Merwin’s Wharf in the vicinity of 41°29′23″ N, 081°42′16″ W, and returning to the mouth of the Cuyahoga River in the vicinity of 41°29′59″ N, 081°43′31″ W (NAD 83). Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port or a designated onscene representative. The Captain of the Port or a designated on-scene representative may be contacted via VHF Channel 16. PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 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 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 fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant E:\FR\FM\21JNR1.SGM 21JNR1 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety 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. jspears on DSK30JT082PROD with RULES 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 Order13132. 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, VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 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. 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 Environmental Planning COMDTINST 5090.1 (series), 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 involves a safety zone lasting two hours that will encompass all waters within 25 feet of the vessels participating in the Cleveland 50th Parade of Lights in the Cuyahoga River. It is categorically excluded from further review under paragraph L60(a) in Table 3–1 of U.S. Coast Guard Environmental Planning Implementing Procedures 5090.1. 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. PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 29075 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: 46 U.S.C. 70034, 70051; 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.T09–0211 to read as follows: ■ § 165.T09–0211 Safety Zone; Cuyahoga 50th Parade of Lights; Cuyahoga River, Cleveland, OH. (a) Location. The moving safety zone will encompass all waters within 25 feet of the vessels participating in the Cleveland 50th Parade of Lights in the Cuyahoga River. The safety zone will move with participating vessels as they transit from the mouth of the Cuyahoga River in the vicinity of position 41°29′59″ N, 081°43′31″ W, to Merwin’s Wharf in the vicinity of 41°29′23″ N, 081°42′16″ W, and returning to the mouth of the Cuyahoga River in the vicinity of 41°29′59″ N, 081°43′31″ W (NAD 83). (b) Effective and enforcement period. This regulation is effective and will be enforced on June 22, 2019, from 9:15 p.m. until 11:15 p.m. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or a designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or a 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 is designated by the Captain of the Port Buffalo to act on their behalf. (4) Vessel operators desiring to enter or operate within the safety zone shall contact the Captain of the Port Buffalo or an on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or an on-scene representative may be contacted via VHF Channel 16 or at 716–843–9525. 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 their on-scene representative. E:\FR\FM\21JNR1.SGM 21JNR1 29076 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations Dated: June 18, 2019. Joseph S. Dufresne, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2019–13261 Filed 6–20–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0472] RIN 1625–AA00 Safety Zones; Milwaukee’s July 3rd Fireworks, Milwaukee Harbor, Milwaukee, WI Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone around three barges moored in Milwaukee Harbor in the vicinity of Pier Wisconsin. The safety zone is needed to protect personnel and vessels from potential hazards created by the outfall of the fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Lake Michigan or a designated representative. DATES: This rule is effective from 8 p.m. through 11 p.m. July 3, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0472 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 the marine event coordinator, MSTC Kaleena Carpino, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747– 7148, email D09-SMBSECLakeMichigan-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: jspears on DSK30JT082PROD with RULES 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 VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard’s ability to protect the public, vessels, mariners, and property from the hazards associated with the fireworks display on July 3, 2019. 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 for the same reasons discussed in the preceding paragraph, waiting for a 30 day notice period to run would be impracticable and contrary to the public interest. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port Lake Michigan will enforce a safety zone from 8 p.m. through 11 p.m. on July 3, 2019, for a fireworks display on Lake Michigan in Milwaukee, WI. The Captain of the Port Lake Michigan has determined that this fireworks display will pose a significant risk to public safety and property. Such hazards include premature and accidental detonations, falling and burning debris, and collisions among spectator vessels. IV. Discussion of the Rule With the aforementioned hazards in mind, the Captain of the Port Lake Michigan has determined that this temporary safety zone is necessary to protect persons and vessels during the fireworks display in the waters of Milwaukee Harbor, on Lake Michigan. This zone is effective and will be enforced from 8 p.m. through 11 p.m. on July 3, 2019. The safety zone will be enforced for all navigable waters within an area bounded by the following coordinates; at 43°02′32.9″ N PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 087°53′34.9″ W (NAD 83) continuing East across Milwaukee Harbor to 43°02′42.0″ N 087°53′06.0″ W (NAD 83) then South to 43°02′00.00″ N 087°53′06.0″ W (NAD 83) then West across the Milwaukee Harbor to 43°02′00.00″ N 087°53′41.0″ W (NAD 83) then North returning to the point of origin on Lake Michigan in Milwaukee, WI. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Lake Michigan or his or her designated on-scene representative. The Captain of the Port or his or her designated on-scene representative may be contacted via VHF Channel 16. 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, duration, and time-of-year of the safety zone. The safety zone created by this rule will be relatively small and enforced for only three hours. Under certain conditions, vessels may still transit through the safety zone when permitted by the Captain of the Port. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF–FM marine channel 16 about the zone. 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\21JNR1.SGM 21JNR1

Agencies

[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29073-29076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13261]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0211]
RIN 1625-AA00


Safety Zone; Cuyahoga 50th Parade of Lights; Cuyahoga River, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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[[Page 29074]]

SUMMARY: The Coast Guard is establishing a moving safety zone to 
provide for the safety of life on these navigable waters in the 
Cuyahoga River, Cleveland, OH, during the Cuyahoga 50th Parade of 
Lights on June 22, 2019. This temporary safety zone is necessary to 
protect personnel, vessels, and the marine environment from the 
potential hazards created by 125 vessels transiting in the river with 
decorative lights not normally used as navigation lights. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port Sector Buffalo.

DATES: This rule is effective from 9:15 p.m. until 11:15 p.m. on June 
22, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0211 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 LT Ryan Junod, Chief of Waterways Management, U.S. Coast 
Guard Marine Safety Unit Cleveland; telephone 216-937-0124, 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

    On January 30, 2019, the Lake Erie Marine Trades Association 
notified the Coast Guard that it will be conducting a Boat Parade from 
9:30 to 11:00 p.m. on June 22, 2019, to commemorate the 50th 
Anniversary of the Burning River. The boat parade will begin in 
Cleveland Harbor west basin and proceed upriver to Merwin's Wharf where 
they will turn around and head back down river to Lake Erie. In 
response, on April 26, 2019, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Safety Zone; Cuyahoga 50th Parade of 
Lights; Cuyahoga River, Cleveland, OH (84 FR 17760). We stated why we 
proposed this rulemaking, and invited comments on our regulatory action 
related to this Boat Parade. During the comment period that ended May 
28, 2019, we received one comment.
    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 the effective date would 
be contrary to the rule's objectives of ensuring safety of life on the 
navigable waters and protection of persons and vessels near the boat 
parade.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port Buffalo 
determined that potential hazards associated with 125 vessels 
displaying decorative lights that are not used for navigation will be a 
safety concern for other vessels underway. This rule is needed to 
protect personnel, vessels, and the marine environment in the navigable 
waters within the safety zone during the Cuyahoga 50th Parade of 
Lights.

IV. Discussion of Comments, Changes, and the Rule

    We received one comment on our NPRM published April 26, 2019. The 
comment requested information on how the rule will be enforced, and how 
local communities are being notified. The rule will be enforced by U.S. 
Coast Guard Station personnel on behalf of the Captain of the Port 
Buffalo, the event was published in the Local Notice to Mariners and 
there will be a Broadcast Notice to Mariners for notification to the 
public. There are no changes in the regulatory text of this temporary 
final rule from the proposed rule in the NPRM due to the comments.
    This rule establishes a safety zone from 9:30 p.m. through 11:15 
p.m. on June 22, 2019. The moving safety zone will encompass all waters 
within 25 feet of the vessels participating in the Cuyahoga 50th Parade 
of Lights in the Cuyahoga River. The safety zone will move with 
participating vessels as they transit from the mouth of the Cuyahoga 
River in the vicinity of position 41[deg]29'59'' N, 081[deg]43'31'' W, 
to Merwin's Wharf in the vicinity of 41[deg]29'23'' N, 081[deg]42'16'' 
W, and returning to the mouth of the Cuyahoga River in the vicinity of 
41[deg]29'59'' N, 081[deg]43'31'' W (NAD 83). Entry into, transiting, 
or anchoring within the safety zone is prohibited unless authorized by 
the Captain of the Port or a designated on-scene representative. The 
Captain of the Port or a designated on-scene representative may be 
contacted via VHF Channel 16.

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 this rule not 
being a significant regulatory action because we anticipate that it 
will have minimal impact on the economy, will not interfere with other 
agencies, will not adversely alter the budget of any grant or loan 
recipients, and will not raise any novel legal or policy issues. The 
safety zone created by this rule will be relatively small and enforced 
for a relatively short time. Also, the safety zone is designed to 
minimize its impact on navigable waters. Furthermore, the safety zone 
is designed to allow vessels to transit around it. Thus, restrictions 
on vessel movement within that particular area are expected to be 
minimal. Under certain conditions, moreover, vessels may still transit 
through the safety zone when permitted by the Captain of the Port.

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 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant

[[Page 29075]]

economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety 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 
Order13132.
    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.

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 Environmental Planning COMDTINST 5090.1 (series), 
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 involves a safety zone lasting two hours that 
will encompass all waters within 25 feet of the vessels participating 
in the Cleveland 50th Parade of Lights in the Cuyahoga River. It is 
categorically excluded from further review under paragraph L60(a) in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1. 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: 46 U.S.C. 70034, 70051; 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.  [thinsp]165.T09-0211 to read as follows:


Sec.  [thinsp]165.T09-0211  Safety Zone; Cuyahoga 50th Parade of 
Lights; Cuyahoga River, Cleveland, OH.

    (a) Location. The moving safety zone will encompass all waters 
within 25 feet of the vessels participating in the Cleveland 50th 
Parade of Lights in the Cuyahoga River. The safety zone will move with 
participating vessels as they transit from the mouth of the Cuyahoga 
River in the vicinity of position 41[deg]29'59'' N, 081[deg]43'31'' W, 
to Merwin's Wharf in the vicinity of 41[deg]29'23'' N, 081[deg]42'16'' 
W, and returning to the mouth of the Cuyahoga River in the vicinity of 
41[deg]29'59'' N, 081[deg]43'31'' W (NAD 83).
    (b) Effective and enforcement period. This regulation is effective 
and will be enforced on June 22, 2019, from 9:15 p.m. until 11:15 p.m.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  [thinsp]165.23, entry into, transiting, or anchoring within this 
safety zone is prohibited unless authorized by the Captain of the Port 
Buffalo or a designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Buffalo or a 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 
is designated by the Captain of the Port Buffalo to act on their 
behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Buffalo or an on-scene 
representative to obtain permission to do so. The Captain of the Port 
Buffalo or an on-scene representative may be contacted via VHF Channel 
16 or at 716-843-9525. 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 their on-scene 
representative.


[[Page 29076]]


    Dated: June 18, 2019.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-13261 Filed 6-20-19; 8:45 am]
BILLING CODE 9110-04-P