Security Zone; Burke Lakefront Airport, Lake Erie, Cleveland, OH, 38135-38138 [2019-16730]
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Rules and Regulations
purposes until that policy has been
submitted by the state as a program
change and approved by NOAA. A
previously approved enforceable policy
will no longer be legally enforceable
under state law if subsequent Federal
law preempts the state policy.
(d) Changes to a management
program’s Federal consistency list or a
new or revised geographic location
description under part 930 of this
subchapter, subparts C, D, E, F or I. For
changes to a management program’s list
of Federal actions or a new or revised
geographic location description, the
state’s effects analysis shall be based on
information that would allow NOAA to
find that the listed activity, either
within the state’s coastal zone or within
a geographic location described outside
the state’s coastal zone, would have
reasonably foreseeable effects on the
uses or resources of the state’s coastal
zone. A state’s analysis asserting
impacts to uses or resources outside of
the coastal zone shall not, by itself,
demonstrate a coastal effect; rather, the
state shall describe a causal connection
of how an impact outside the coastal
zone could result in a coastal effect. A
state’s effects analysis shall not be based
on unsupported conclusions,
speculation or the mere existence of
coastal uses or resources within a
geographic location. A state’s coastal
effects analysis shall, to the extent
practicable, identify:
(1) The affected uses (e.g., commercial
and recreational fishing, boating,
tourism, shipping, energy facilities) and
resources (e.g., fish, marine mammals,
reptiles, birds, landmarks).
(2) Where and in what densities the
uses and resources are found.
(3) How the state has a specific
interest in the resource or use. States
should be specific in showing the
connection to the coastal zone of the
state (e.g., economic values, harvest
amounts, vulnerabilities, seasonal
information relevant to the proposed
activity).
(4) Where the proposed activity
overlaps with these resources, uses and
values.
(5) Impacts to the resources or uses
from the proposed activity.
(6) A reasonable showing of a causal
connection to the proposed activity,
including how the impacts from the
activity results in reasonably foreseeable
effects on the state’s coastal uses or
resources.
(7) Why any required mitigation may
be inadequate.
(8) Empirical data and information
that supports the effects analysis and:
Can be shown to be reliable; visualizes
the affected area, resources and uses
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with maps; and shows values, trends
and vulnerabilities.
DEPARTMENT OF HOMELAND
SECURITY
§ 923.85 Procedural requirements of other
Federal law.
Coast Guard
NOAA shall determine on a case-bycase basis whether each program change
requires NOAA to take additional
actions under any other Federal
requirements.
(a) If a state’s program change will
affect the resources or interests of any
federally-recognized Indian Tribe
(tribe), NOAA shall contact the affected
tribe(s) and determine if Government-toGovernment consultation is desired
under Executive Order 13175 (Nov. 6,
2000).
(b) If, for the purposes of ESA, NHPA,
MSFCMA or MMPA compliance, NOAA
determines that a state’s program change
will have effects on listed threatened or
endangered species, historic properties,
essential fish habitat or marine
mammals, then NOAA shall determine
if consultation is needed with the
applicable Federal agency under the
ESA, NHPA, MSFCMA and MMPA.
(c) When NOAA determines whether
to consult under other Federal statutes
or tribal executive orders, NOAA’s
ability to require changes to a state’s
proposed program change are limited by
the following:
(1) Once NOAA approves a state’s
management program, NOAA cannot
require a state to change its program.
NOAA can, through periodic
evaluations of a state’s management
program under section 312 of the Act,
establish necessary actions if NOAA
finds a state is not adhering to its
NOAA-approved program, but NOAA
can only recommend that a state change
its program to create a different state
standard or to address emerging issues;
and
(2) NOAA can approve or disapprove
a program change request. When NOAA
reviews a program change, NOAA has a
limited ability to require a state to make
changes to state policies. If NOAA
disapproves a program change request,
this does not require a state to change
state law. Therefore, there is no effect
from NOAA’s denial on the
implementation of state law at the state
(or local government) level. NOAA’s
denial means the disapproved state
policy is not part of the state’s NOAAapproved management program and
cannot be used for CZMA Federal
consistency purposes. NOAA cannot
use a program change to require changes
to other parts of a state’s management
program.
33 CFR Part 165
[FR Doc. 2019–16513 Filed 8–5–19; 8:45 am]
BILLING CODE 3510–08–P
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38135
[Docket Number USCG–2019–0213]
RIN 1625–AA87
Security Zone; Burke Lakefront
Airport, Lake Erie, Cleveland, OH
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a security zone for certain
navigable waters of Lake Erie,
Cleveland, OH. This action is necessary
to protect the public and surrounding
waterways from terrorist acts, sabotage,
or other subversive acts, accidents, or
other causes of a similar nature. This
regulation prohibits persons and vessels
from being in the security zone unless
specifically authorized by the Captain of
the Port (COTP) Buffalo or a designated
representative.
DATES: This rule is effective September
5, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0213 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 about this proposed
rulemaking, contact LT Sean Dolan,
Chief Waterways Management Division
at 716–843–9322 or email D09-SMBSECBuffalo-WWM@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
II. Background Information and
Regulatory History
Previously, COTP Buffalo
implemented emergent security zones
around Burke Lakefront Airport,
Cleveland, OH, whenever Senior
Government Officials or foreign
dignitaries utilized the airport. On April
29, 2019, the Coast Guard published a
notice of proposed rulemaking (NPRM)
titled Security Zone; Burke Lakefront
Airport, Lake Erie, Cleveland, OH (84
FR 17981). There we stated why we
issued the NPRM, and invited
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Rules and Regulations
comments on our proposed regulatory
action related to this security zone.
During the comment period that ended
June 28, 2019, we received one
comment.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70051. The
purpose of the rulemaking is to ensure
the safety and security of vessels, the
public, and navigable waters within the
security zone before, during, and after
the arrival and departure of certain
individuals. The COTP Buffalo
determined that a security zone is
necessary to protect those within the
security zone and surrounding area from
terrorist acts, sabotage, or other
subversive acts, accidents, or other
causes of a similar nature.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received one
comment on our NPRM published April
29, 2019. The comment stated based
upon our listed coordinates that we had
the wrong distance contained within the
zone. The comment also requested that
we include a statement about the datum
of the coordinates. In response to the
comment we updated the distance from
the shore covered by the security zone,
and included a statement about the
datum of the coordinates. There are no
other changes in the regulatory text of
this rule from the proposed rule in the
NPRM.
This rule establishes a security zone
that will be enforced only upon notice
by the COTP Buffalo. The COTP Buffalo
will provide notice of enforcement of
the security zone established by this
section, including publication in the
Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such
means of notification may also include,
but are not limited to Broadcast Notice
to Mariners or Local Notice to Mariners.
The COTP Buffalo will also issue a
Broadcast Notice to Mariners notifying
the public when enforcement of the
security zone is established by this
section is suspended.
The security zone will encompass all
waters in Lake Erie within a line
connecting the following geographical
positions: 41°31′45″ N, 081°39′20″ W;
then extending northwest to 41°32′23″
N, 081°39′46″ W; then extending
southwest to 41°31′02″ N, 081°42′10″ W;
then extending southwest to the
shoreline at 41°30′38″ N, 081°41′53″ W
(NAD 83); then following the shoreline
back to the point of origin.
The Captain of the Port Buffalo
determined that the security zone in this
rule is necessary to protect Senior
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Government Officials or foreign
dignitaries. No vessel or person is
permitted to enter the security zone
without obtaining permission from the
COTP or a designated representative.
The Captain of the Port or his or her
designated representative may be
contacted via VHF Channel 16 or at
716–843–9525.
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 need to protect
individuals, personnel, vessels, the
public, and surrounding waterways
from terrorist acts, sabotage, or other
subversive acts, accidents or other
causes of a similar nature. We conclude
that this rule 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, effective only during
the time necessary to protect
individuals, personnel, vessels, the
public, and surrounding waterways, 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
restrictions on vessel movement within
that particular area are expected to be
minimal. Under certain conditions,
moreover, vessels may still transit
through the security 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,
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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
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
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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.
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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 proposed rule
involves establishing a security zone
that encompasses all waters in Lake Erie
within a line connecting the following
geographical positions: 41°31′45″ N,
081°39′20″ W; then extending northwest
to 41°32′23″ N, 081°39′46″ W; then
extending southwest to 41°31′02″ N,
081°42′10″ W; then extending southwest
to the shoreline at 41°30′38″ N,
081°41′53″ W (NAD 83); then following
the shoreline back to the point of origin.
It is categorically excluded from further
review under paragraph L[60](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
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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 record keeping
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
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 § 165.913 to read as follows:
§ 165.913 Security Zone; Burke Lakefront
Airport, Lake Erie, Cleveland, OH.
(a) Location. This security zone
includes all waters extending from the
surface to the sea floor within
approximately 650 yards seaward from
the shoreline of the Burke Lakefront
Airport and encompasses all waters in
Lake Erie within a line connecting the
following geographical positions:
41°31′45″ N, 081°39′20″ W; then
extending northwest to 41°32′23″ N,
081°39′46″ W; then extending southwest
to 41°31′02″ N, 081°42′10″ W; then
extending southwest to the shoreline at
41°30′38″ N, 081°41′53″ W (NAD 83);
then following the shoreline back to the
point of origin.
(b) Definitions. (1) Designated
representative means any Coast Guard
commissioned, warrant, or petty officers
designated by the Captain of the Port
Buffalo to monitor a security zone,
permit entry into a security zone, give
legally enforceable orders to persons or
vessels within a security zone, and take
other actions authorized by the Captain
of the Port Buffalo.
(2) Public vessel means a vessel that
is owned, chartered, or operated by the
United States, or by a State or political
subdivision thereof.
(c) Regulations. (1) In accordance with
the general regulations in § 165.33 of
this part, entry into, transiting, or
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38137
anchoring within this security zone is
prohibited unless authorized by the
Captain of the Port Buffalo or her
designated on-scene representative.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port Buffalo
or a designated representative. Upon
being hailed by the U.S. Coast Guard by
siren, radio, flashing light or other
means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission
from the Captain of the Port Buffalo or
a designated representative to enter,
move within, or exit the security zone
established in this section when the
security zone is enforced. Vessels and
persons granted permission to enter the
security zone shall obey all lawful
orders or directions of the Captain of the
Port Buffalo or a designated
representative. While within the
security zone, all vessels shall operate at
the minimum speed necessary to
maintain a safe course.
(d) Notice of Enforcement or
Suspension of Enforcement. The
security zone established by this section
will be enforced only upon notice of the
Captain of the Port Buffalo. The Captain
of the Port Buffalo will cause notice of
enforcement of the security zone
established by this section to be made
by all appropriate means to the affected
segments of the public including
publication in the Federal Register as
practicable, in accordance with 33 CFR
165.7(a). Such means of notification
may also include, but are not limited to
Broadcast Notice to Mariners or Local
Notice to Mariners. The Captain of the
Port Buffalo will issue a Broadcast
Notice to Mariners notifying the public
when enforcement of the security zone
established by this section is suspended.
(e) Exemption. Public vessels as
defined in paragraph (b) of this section
are exempt from the requirements in
this section.
(f) Waiver. For any vessel, the Captain
of the Port Buffalo or a 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 safety or environmental
safety.
(g) Authority. In addition to 46 U.S.C.
70034 and 46 U.S.C. 70051, the
authority for this section includes 46
U.S.C. 70116.
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Rules and Regulations
Dated: July 29, 2019.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
I. General Information
[FR Doc. 2019–16730 Filed 8–5–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2018–0140; FRL–9996–79]
Fluoxastrobin; Pesticide Tolerances
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Final rule.
This regulation establishes
tolerances for residues of fluoxastrobin
in or on cotton, undelinted seed and
cotton, gin byproducts. Bayer
CropScience requested these tolerances
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
SUMMARY:
This regulation is effective
August 6, 2019. Objections and requests
for hearings must be received on or
before October 7, 2019 and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2018–0140, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
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FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
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A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2018–0140 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
October 7, 2019. Addresses for mail and
hand delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2018–0140, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
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instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of June 14,
2018 (83 FR 27744) (FRL–9978–29),
EPA issued a document pursuant to
FFDCA section 408(d)(3), 21 U.S.C.
346a(d)(3), announcing the filing of a
pesticide petition (PP 7F8649) by Bayer
CropScience, 2 T.W. Alexander Drive,
P.O. Box 12014, Research Triangle Park,
NC 27709. The petition requested that
40 CFR 180.609 be amended by
establishing tolerances for residues of
the fungicide fluoxastrobin, (1E)-[2-[[6(2-chlorophenoxy)-5-fluoro-4pyrimidinyl]oxy]phenyl](5,6-dihydro1,4,2-dioxazin-3-yl)methanone Omethyloxime, in or on cotton,
undelinted seed and cotton, gin
byproducts at 0.01 parts per million
(ppm). There were no comments
received in response to the notice of
filing.
III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
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]]>Agencies
[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Rules and Regulations]
[Pages 38135-38138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16730]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0213]
RIN 1625-AA87
Security Zone; Burke Lakefront Airport, Lake Erie, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a security zone for certain
navigable waters of Lake Erie, Cleveland, OH. This action is necessary
to protect the public and surrounding waterways from terrorist acts,
sabotage, or other subversive acts, accidents, or other causes of a
similar nature. This regulation prohibits persons and vessels from
being in the security zone unless specifically authorized by the
Captain of the Port (COTP) Buffalo or a designated representative.
DATES: This rule is effective September 5, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0213 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 about this
proposed rulemaking, contact LT Sean Dolan, Chief Waterways Management
Division at 716-843-9322 or 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
Previously, COTP Buffalo implemented emergent security zones around
Burke Lakefront Airport, Cleveland, OH, whenever Senior Government
Officials or foreign dignitaries utilized the airport. On April 29,
2019, the Coast Guard published a notice of proposed rulemaking (NPRM)
titled Security Zone; Burke Lakefront Airport, Lake Erie, Cleveland, OH
(84 FR 17981). There we stated why we issued the NPRM, and invited
[[Page 38136]]
comments on our proposed regulatory action related to this security
zone. During the comment period that ended June 28, 2019, we received
one comment.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70051. The purpose of the rulemaking is to ensure the safety and
security of vessels, the public, and navigable waters within the
security zone before, during, and after the arrival and departure of
certain individuals. The COTP Buffalo determined that a security zone
is necessary to protect those within the security zone and surrounding
area from terrorist acts, sabotage, or other subversive acts,
accidents, or other causes of a similar nature.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received one comment on our NPRM published April
29, 2019. The comment stated based upon our listed coordinates that we
had the wrong distance contained within the zone. The comment also
requested that we include a statement about the datum of the
coordinates. In response to the comment we updated the distance from
the shore covered by the security zone, and included a statement about
the datum of the coordinates. There are no other changes in the
regulatory text of this rule from the proposed rule in the NPRM.
This rule establishes a security zone that will be enforced only
upon notice by the COTP Buffalo. The COTP Buffalo will provide notice
of enforcement of the security zone established by this section,
including publication in the Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such means of notification may also
include, but are not limited to Broadcast Notice to Mariners or Local
Notice to Mariners. The COTP Buffalo will also issue a Broadcast Notice
to Mariners notifying the public when enforcement of the security zone
is established by this section is suspended.
The security zone will encompass all waters in Lake Erie within a
line connecting the following geographical positions: 41[deg]31'45'' N,
081[deg]39'20'' W; then extending northwest to 41[deg]32'23'' N,
081[deg]39'46'' W; then extending southwest to 41[deg]31'02'' N,
081[deg]42'10'' W; then extending southwest to the shoreline at
41[deg]30'38'' N, 081[deg]41'53'' W (NAD 83); then following the
shoreline back to the point of origin.
The Captain of the Port Buffalo determined that the security zone
in this rule is necessary to protect Senior Government Officials or
foreign dignitaries. No vessel or person is permitted to enter the
security zone without obtaining permission from the COTP or a
designated representative. The Captain of the Port or his or her
designated representative may be contacted via VHF Channel 16 or at
716-843-9525.
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 need to
protect individuals, personnel, vessels, the public, and surrounding
waterways from terrorist acts, sabotage, or other subversive acts,
accidents or other causes of a similar nature. We conclude that this
rule 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,
effective only during the time necessary to protect individuals,
personnel, vessels, the public, and surrounding waterways, 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 restrictions on vessel movement within that particular area are
expected to be minimal. Under certain conditions, moreover, vessels may
still transit through the security 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 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
[[Page 38137]]
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.
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 proposed rule involves establishing a security zone
that encompasses all waters in Lake Erie within a line connecting the
following geographical positions: 41[deg]31'45'' N, 081[deg]39'20'' W;
then extending northwest to 41[deg]32'23'' N, 081[deg]39'46'' W; then
extending southwest to 41[deg]31'02'' N, 081[deg]42'10'' W; then
extending southwest to the shoreline at 41[deg]30'38'' N,
081[deg]41'53'' W (NAD 83); then following the shoreline back to the
point of origin. It is categorically excluded from further review under
paragraph L[60](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 record
keeping 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. 165.913 to read as follows:
Sec. 165.913 Security Zone; Burke Lakefront Airport, Lake Erie,
Cleveland, OH.
(a) Location. This security zone includes all waters extending from
the surface to the sea floor within approximately 650 yards seaward
from the shoreline of the Burke Lakefront Airport and encompasses all
waters in Lake Erie within a line connecting the following geographical
positions: 41[deg]31'45'' N, 081[deg]39'20'' W; then extending
northwest to 41[deg]32'23'' N, 081[deg]39'46'' W; then extending
southwest to 41[deg]31'02'' N, 081[deg]42'10'' W; then extending
southwest to the shoreline at 41[deg]30'38'' N, 081[deg]41'53'' W (NAD
83); then following the shoreline back to the point of origin.
(b) Definitions. (1) Designated representative means any Coast
Guard commissioned, warrant, or petty officers designated by the
Captain of the Port Buffalo to monitor a security zone, permit entry
into a security zone, give legally enforceable orders to persons or
vessels within a security zone, and take other actions authorized by
the Captain of the Port Buffalo.
(2) Public vessel means a vessel that is owned, chartered, or
operated by the United States, or by a State or political subdivision
thereof.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.33 of this part, entry into, transiting, or anchoring within
this security zone is prohibited unless authorized by the Captain of
the Port Buffalo or her designated on-scene representative.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port Buffalo or a designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) All vessels must obtain permission from the Captain of the Port
Buffalo or a designated representative to enter, move within, or exit
the security zone established in this section when the security zone is
enforced. Vessels and persons granted permission to enter the security
zone shall obey all lawful orders or directions of the Captain of the
Port Buffalo or a designated representative. While within the security
zone, all vessels shall operate at the minimum speed necessary to
maintain a safe course.
(d) Notice of Enforcement or Suspension of Enforcement. The
security zone established by this section will be enforced only upon
notice of the Captain of the Port Buffalo. The Captain of the Port
Buffalo will cause notice of enforcement of the security zone
established by this section to be made by all appropriate means to the
affected segments of the public including publication in the Federal
Register as practicable, in accordance with 33 CFR 165.7(a). Such means
of notification may also include, but are not limited to Broadcast
Notice to Mariners or Local Notice to Mariners. The Captain of the Port
Buffalo will issue a Broadcast Notice to Mariners notifying the public
when enforcement of the security zone established by this section is
suspended.
(e) Exemption. Public vessels as defined in paragraph (b) of this
section are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Buffalo or a
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 safety or environmental safety.
(g) Authority. In addition to 46 U.S.C. 70034 and 46 U.S.C. 70051,
the authority for this section includes 46 U.S.C. 70116.
[[Page 38138]]
Dated: July 29, 2019.
L.M. Littlejohn,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2019-16730 Filed 8-5-19; 8:45 am]
BILLING CODE 9110-04-P
