Safety Zone; Lake Erie, Cleveland, OH, 49290-49292 [2023-16153]
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49290
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations
Designated Representative, thirty
minutes prior to the beginning, during
and thirty minutes following the
conclusion of the Parade of Ships. For
the purpose of this rule, the Parade of
Ships includes both the pass and review
of the ships near Pier 62 and the aerial
demonstrations immediately following
the pass and review. The Captain of the
Port may be assisted by other federal,
state, or local agencies as needed.
(c) Authorization. In order to transit
through this safety zone, authorization
must be granted by the Captain of the
Port, Puget Sound, or their Designated
Representative. All vessel operators
desiring entry into this safety zone shall
gain authorization by contacting either
the on-scene U.S. Coast Guard patrol
craft on VHF Ch 13 or Ch 16, or Coast
Guard Sector Puget Sound Joint Harbor
Operations Center (JHOC) via telephone
at (206) 217–6002. Requests shall
indicate the reason why movement
within the safety zone is necessary and
the vessel’s arrival and/or departure
facility name, pier and/or berth. Vessel
operators granted permission to enter
this safety zone will be escorted by the
on-scene patrol until no longer within
the safety zone.
(d) Enforcement period. This section
will be enforced from 11:30 a.m. until
2:30 p.m. on August 1, 2023.
Dated: July 24, 2023.
M.A. McDonnell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Puget Sound.
[FR Doc. 2023–16069 Filed 7–28–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0580]
RIN 1625–AA00
Safety Zone; Lake Erie, Cleveland, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
certain waters of Lake Erie. This action
is necessary to provide for the safety of
life on navigable waters near Cleveland,
OH, during the Tri CLE Rock and Roll
Run which will be held on August 11
and 12, 2023. This rule will prohibit
persons and vessels from entering the
safety zone unless authorized by the
Captain of the Port Buffalo.
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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16:01 Jul 28, 2023
Jkt 259001
This rule is effective from 11:45
a.m. on August 11, 2023, through 12:15
p.m. on August 12, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0580 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Jared Stevens,
Waterways Management Division, MSU
Cleveland, U.S. Coast Guard; telephone
216–937–0124, email Jared.M.Stevens@
uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
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
COTP Caption of the Port
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
insufficient time remains before the
event to publish an NPRM and receive
public comments prior to the event.
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 of
this rule to wait for a comment period
to run would be contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect participants in these
navigable waters before, during, and
after the swim portion of the Tri CLE
Rock and Roll Run triathlon.
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 COTP
Buffalo has determined a safety zone is
needed to protect swimmers on August
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Fmt 4700
Sfmt 4700
11 and 12, 2023 who will be
participating in the triathlon located in
the North Coast Harbor in Cleveland,
Ohio.
IV. Discussion of the Rule
This rule establishes a safety zone
from 11:45 a.m. through 2:15 p.m. on
August 11, 2023, and again from 4:45
a.m. through 12:15 p.m. on August 12,
2023. The safety zone will cover all
navigable waters in the North Coast
Harbor and into the East Basin Channel
on Lake Erie in Cleveland, OH. The
zone may require enforcement beyond
the stated times in the event the
triathlon runs into unforeseen delays.
The boundaries of the safety zone will
form a rectangle with the four corners of
the polygon located in the following
positions: (1) 41°30′41″ N, 081°42′01″
W; (2) 41°30′47″ N, 081°41′53″ W; (3)
41°30′32″ N, 081°41′39″ W; (4) 41°30′27″
N, 081°41′47″ W (NAD 83).
The COTP Buffalo has determined a
safety zone is needed to protect
participants before, during, and after the
swim portion of the Tri CLE Rock and
Roll Run triathlon. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the 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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based the need to ensure the safety of
participants in these navigable waters
before, during, and after the swim
portion of the Tri CLE Rock Roll Run
triathlon.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
E:\FR\FM\31JYR1.SGM
31JYR1
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations
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 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 call or email 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.
ddrumheller on DSK120RN23PROD with RULES1
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
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16:01 Jul 28, 2023
Jkt 259001
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.
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, Rev. 1, associated
implementing instructions, 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
establishment of a temporary safety
zone intended to ensure the safety of
participants in these navigable waters
before, during, and after the swim
portion of the Tri CLE Rock Roll Run
triathlon. It is categorically excluded
from further review under paragraph
L63(b) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1. A Record of Environmental
Consideration supporting this
determination is available in the docket.
For instructions on locating the docket,
see the ADDRESSES section of this
preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
PO 00000
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Fmt 4700
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49291
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. Add § 165.T09–0580 to read as
follows:
■
§ 165.T09–0580 Safety Zone; Tri CLE Rock
and Roll Run, Lake Erie, Cleveland, OH.
a. Location. Cleveland, OH. All U.S.
waters of Lake Erie and Cleveland
Harbor within a rectangle with the four
corners of the polygon located in the
following positions: (1) 41°30′41″ N,
081°42′01″ W; (2) 41°30′47″ N,
081°41′53″ W; (3) 41°30′32″ N, 081° 41′
39″ W; (4) 41°30′27″ N, 081°41′47″ W
(NAD 83).
b. Enforcement Period. This section
will be enforced from 11:45 a.m.
through 2:15 p.m. on August 11, 2023,
and from 4:45 a.m. through 12:15 p.m.
on August 12, 2023.
c. Definitions. Official Patrol Vessel
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector Buffalo, (COTP) in the
enforcement of the regulations in this
section. Participant means all persons
and vessels attending the event.
d. Regulations.
(1) The Coast Guard may patrol the
event area under the direction of a
designated Coast Guard Patrol
Commander. The Patrol Commander
may be contacted on Channel 16 VHF–
FM (156.8 MHz) by the call sign
‘‘PATCOM.’’
(2) All persons and vessels not
registered with the sponsor as
participants or official patrol vessels are
considered spectators. The ‘‘official
patrol vessels’’ consist of any Coast
Guard, state or local law enforcement
and sponsor provided vessels
designated or assigned by the COTP
Sector Buffalo, to patrol the event.
E:\FR\FM\31JYR1.SGM
31JYR1
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Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations
(3) Spectator vessels desiring to
transit the regulated area may do so only
with prior approval of the Patrol
Commander and when so directed by
that officer and will be operated at a no
wake speed in a manner which will not
endanger participants in the event or
any other craft.
(4) No spectator shall anchor, block,
loiter, or impede the through transit of
official patrol vessels in the regulated
area during the effective dates and
times, unless cleared for entry by or
through an official patrol vessel.
(5) The Patrol Commander may forbid
and control the movement of all vessels
in the regulated area. When hailed or
signaled by an official patrol vessel, a
vessel shall come to an immediate stop
and comply with the directions given.
Failure to do so may result in expulsion
from the area, citation for failure to
comply, or both.
(6) Any spectator vessel may anchor
outside the regulated areas specified in
this chapter, but may not anchor in,
block, or loiter in a navigable channel.
(7) The Patrol Commander may
terminate the event or the operation of
any vessel at any time it is deemed
necessary for the protection of life or
property.
(8) The Patrol Commander will
terminate enforcement of the special
regulations at the conclusion of the
event.
Dated: July 25, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the
Port Buffalo.
[FR Doc. 2023–16153 Filed 7–28–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0490]
RIN 1625–AA00
Safety Zone; Mercury Powerboat Race;
Sheboygan Harbor, Sheboygan,
Wisconsin
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ddrumheller on DSK120RN23PROD with RULES1
ACTION:
The Coast Guard is
establishing two temporary safety zones
in Lake Michigan for certain navigable
waters in and around Sheboygan Harbor
in Sheboygan, WI. The safety zones are
needed to protect personnel, vessels,
and the marine environment from
potential hazards association from the
SUMMARY:
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16:01 Jul 28, 2023
Jkt 259001
Mercury Powerboat Race event. This
rule will prohibit persons and vessels
from entering the safety zones unless
authorized by the Captain of the Port
Lake Michigan or a designated
representative.
This rule is effective from 8 a.m.
on August 11 to 6:30 p.m. on August 13,
2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0490 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
If
you have questions about this proposed
rulemaking, call or email Sector Lake
Michigan Waterways Management
Division, U.S. Coast Guard; telephone
414–747–7136, email brianna.m.henry@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
COTP Caption of the Port
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
insufficient time remains before the
event to publish an NPRM and receive
public comments prior to the event.
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 of
this rule to wait for a comment period
to run would be contrary to the public
interest by inhibiting the Coast Guard’s
ability to protect personnel, vessels, and
the marine environment in these
navigable waters during the race events.
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Frm 00026
Fmt 4700
Sfmt 4700
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 COTP
Lake Michigan has determined a safety
zone is needed to protect the public
from potential hazards association from
the Mercury Powerboat Race event.
IV. Discussion of the Rule
The COTP is establishing two safety
zones from 8:00 a.m. on August 11 to
6:30 p.m. on August 13, 2023. One of
the safety zones will be located offshore
of Sheboygan, WI and will cover all
navigable waters within the offshore
course located within the following
coordinates: NW corner 43°44′54.32″ N
87°42′5.77″ W, NE corner 43°44′54.10″
N 87°41′3.21″ W, SW corner,
43°42′27.10″ N 87°42′10.11″ W, SE
corner 43°42′26.73″ N 87°40′54.66″ W.
The other safety zone will be in a
triangular area within Sheboygan
Harbor and will cover all navigable
waters within the following coordinates:
43°44′56.76″ N 87°41′05.60″ W,
43°45′07.29″ N 87°41′51.07″ W,
43°44′57.24″ N 87°42′05.24″ W. The
duration of the zones is intended to
protect personnel, vessels, and the
marine environment in these navigable
waters during the race events. Entry
into, transiting, or anchoring within the
safety zone is prohibited unless
authorized by the 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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094
(Modernizing Regulatory Review).
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based the need to ensure the safety of
public during the powerboat race event.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
E:\FR\FM\31JYR1.SGM
31JYR1
Agencies
[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49290-49292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16153]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0580]
RIN 1625-AA00
Safety Zone; Lake Erie, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of Lake Erie. This action is necessary to provide for
the safety of life on navigable waters near Cleveland, OH, during the
Tri CLE Rock and Roll Run which will be held on August 11 and 12, 2023.
This rule will prohibit persons and vessels from entering the safety
zone unless authorized by the Captain of the Port Buffalo.
DATES: This rule is effective from 11:45 a.m. on August 11, 2023,
through 12:15 p.m. on August 12, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0580 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Jared Stevens, Waterways Management Division,
MSU Cleveland, U.S. Coast Guard; 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
COTP Caption of the Port
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 insufficient time remains
before the event to publish an NPRM and receive public comments prior
to the event.
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 of
this rule to wait for a comment period to run would be contrary to the
public interest by inhibiting the Coast Guard's ability to protect
participants in these navigable waters before, during, and after the
swim portion of the Tri CLE Rock and Roll Run triathlon.
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 COTP Buffalo has determined a
safety zone is needed to protect swimmers on August 11 and 12, 2023 who
will be participating in the triathlon located in the North Coast
Harbor in Cleveland, Ohio.
IV. Discussion of the Rule
This rule establishes a safety zone from 11:45 a.m. through 2:15
p.m. on August 11, 2023, and again from 4:45 a.m. through 12:15 p.m. on
August 12, 2023. The safety zone will cover all navigable waters in the
North Coast Harbor and into the East Basin Channel on Lake Erie in
Cleveland, OH. The zone may require enforcement beyond the stated times
in the event the triathlon runs into unforeseen delays. The boundaries
of the safety zone will form a rectangle with the four corners of the
polygon located in the following positions: (1) 41[deg]30'41'' N,
081[deg]42'01'' W; (2) 41[deg]30'47'' N, 081[deg]41'53'' W; (3)
41[deg]30'32'' N, 081[deg]41'39'' W; (4) 41[deg]30'27'' N,
081[deg]41'47'' W (NAD 83).
The COTP Buffalo has determined a safety zone is needed to protect
participants before, during, and after the swim portion of the Tri CLE
Rock and Roll Run triathlon. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the 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. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based the need to ensure
the safety of participants in these navigable waters before, during,
and after the swim portion of the Tri CLE Rock Roll Run triathlon.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider
[[Page 49291]]
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 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
call or email 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.
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, Rev. 1, associated implementing instructions, 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
establishment of a temporary safety zone intended to ensure the safety
of participants in these navigable waters before, during, and after the
swim portion of the Tri CLE Rock Roll Run triathlon. It is
categorically excluded from further review under paragraph L63(b) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.
0
2. Add Sec. 165.T09-0580 to read as follows:
Sec. 165.T09-0580 Safety Zone; Tri CLE Rock and Roll Run, Lake Erie,
Cleveland, OH.
a. Location. Cleveland, OH. All U.S. waters of Lake Erie and
Cleveland Harbor within a rectangle with the four corners of the
polygon located in the following positions: (1) 41[deg]30'41'' N,
081[deg]42'01'' W; (2) 41[deg]30'47'' N, 081[deg]41'53'' W; (3)
41[deg]30'32'' N, 081[deg] 41' 39'' W; (4) 41[deg]30'27'' N,
081[deg]41'47'' W (NAD 83).
b. Enforcement Period. This section will be enforced from 11:45
a.m. through 2:15 p.m. on August 11, 2023, and from 4:45 a.m. through
12:15 p.m. on August 12, 2023.
c. Definitions. Official Patrol Vessel means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector
Buffalo, (COTP) in the enforcement of the regulations in this section.
Participant means all persons and vessels attending the event.
d. Regulations.
(1) The Coast Guard may patrol the event area under the direction
of a designated Coast Guard Patrol Commander. The Patrol Commander may
be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM.''
(2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state or local
law enforcement and sponsor provided vessels designated or assigned by
the COTP Sector Buffalo, to patrol the event.
[[Page 49292]]
(3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the Patrol Commander and when so
directed by that officer and will be operated at a no wake speed in a
manner which will not endanger participants in the event or any other
craft.
(4) No spectator shall anchor, block, loiter, or impede the through
transit of official patrol vessels in the regulated area during the
effective dates and times, unless cleared for entry by or through an
official patrol vessel.
(5) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(6) Any spectator vessel may anchor outside the regulated areas
specified in this chapter, but may not anchor in, block, or loiter in a
navigable channel.
(7) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(8) The Patrol Commander will terminate enforcement of the special
regulations at the conclusion of the event.
Dated: July 25, 2023.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2023-16153 Filed 7-28-23; 8:45 am]
BILLING CODE 9110-04-P