[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33700-33702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13767]
[[Page 33700]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0425]
RIN 1625-AA00
Safety Zone; I-90 Inner-Belt Bridge Demolition, Cuyahoga River,
Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict
vessels from a portion of Cuyahoga River while demolition of the old I-
90 Inner-belt bridge spanning the Cuyahoga River is undertaken. This
temporary safety zone is necessary to protect mariners and vessels from
the navigational hazards associated with the removal of a span across
the river.
DATES: This temporary final rule is effective without actual notice
from June 12, 2014 through 6 a.m. on June 27, 2014. For the purposes of
enforcement, actual notice will be used from 6 a.m. on June 2, 2014,
until June 12, 2014, for any enforcement periods identified in this
rule that occur before June 12, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0425]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Christopher Mercurio, Chief of Waterways Management,
U.S. Coast Guard Sector Buffalo; telephone 716-843-9573, email
[email protected]. If you have questions on viewing
the docket, call Ms. Cheryl Collins, Program Manager, Docket
Operations, telephone 202-366-9826 or 1-800-647-5527.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section
A. Regulatory History and Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (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. Thus, 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 vessels and mariners
from the hazards associated with the removal of a span across the
river.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary 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.
B. Basis and Purpose
Between 6 a.m. on June 2 through 6 a.m. on June 6, 2014, and on the
subsequent dates and times as necessary, demolition work on the old I-
90 Inner-belt bridge span crossing the Cuyahoga River, Cleveland, OH,
is scheduled: 6 a.m. on June 11, 2014, through 6 a.m. on June 13, 2014;
6 a.m. on June 18, 2014, through 6 a.m. on June 20, 2014; and 6 a.m. on
June 25, 2014, through 6 a.m. on June 27, 2014. The bridge removal and
demolition work will involve of cutting and dropping 6' x 8' sections
of steel beams into the river and retrieving them via barge-mounted
extractor backhoe. These operations are to be conducted during hours
and dates stated above. During these enforcement periods, there will be
a continuous closure of a portion of the Cuyahoga River at MM 3.42 and
resultant stoppage of any traffic beyond MM 3.42 south to the terminus
of the maintained navigable channel. It has been determined that these
demolition operations will pose a significant risk to the maritime
public. Thus, under the authority within 33 U.S.C. 1225 and 1231, the
Captain of the Port, Sector Buffalo, has determined it necessary to
establish a temporary safety zone on the Cuyahoga River.
C. Discussion of the Temporary Final Rule
As mentioned above, the Captain of the Port Buffalo has determined
that this temporary safety zone is necessary to ensure the safety of
mariners and vessels during the old I-90 Inner-belt bridge demolition
operation. This safety zone regulation will be enforced from 6 a.m. on
June 2, 2014, through 6 a.m. on June 6, 2014, and on the following
subsequent dates and times as necessary: From 6 a.m. on June 11, 2014,
through 6 a.m. on June 13, 2014; 6 a.m. on June 18, 2014, through 6
a.m. on June 20, 2014, and 6 a.m. on June 25, 2014, through 6 a.m. on
June 27, 2014. The safety zone will encompass waters of the Cuyahoga
River in the vicinity of the old I-90 interstate bridge span crossing
over the Cuyahoga River at river mile marker 3.42. Specifically, the
safety zone will cover an area 200 yards upstream and 200 yards
downstream of the bridge from position 41[deg]29'10'' N,
081[deg]41'25'' W, (NAD 83).
Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of
[[Page 33701]]
the Department of Homeland Security (DHS).
We conclude that this rule is not 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 maximum initial duration of 96
hours with subsequent dates enforcement time limited to a maximum
duration of 48 hours and only if demolition has not been completed.
Also, the safety zone is designed to minimize its impact on commercial
traffic operating the navigable waters. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.
2. Impact on Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
a portion of the Cuyahoga River in Cleveland, Ohio, from June 2-6,
2014; June 11-13, 2014; June 18-20, 2014; and June 25-27, 2014.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone has been developed and scheduled in cooperation with the
local marine industry and shore facilities to mitigate the impact on
scheduled commerce and will allow for the passage of vessels through
the zone with the permission of the Captain of the Port. The Captain of
the Port can be reached via VHF channel 16. Before the activation of
the zone, we would issue local Broadcast Notice to Mariners.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have 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 the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under
[[Page 33702]]
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
0
2. Add Sec. 165.T09-0425 to read as follows:
Sec. 165.T09-0425 Safety Zone; I-90 Inner-belt Bridge Demolition,
Cuyahoga River, Cleveland, OH.
(a) Location. This safety zone will encompass all waters of the
Cuyahoga River in the vicinity of the old I-90 Inner-belt Bridge
crossing over the Cuyahoga River at river mile marker 3.42 within 200
yards upstream or 200 yards downstream of the bridge near position
41[deg]29'10'' N, 081[deg]41'25'' W, (NAD 83).
(b) Enforcement periods. This section will be enforced from 6 a.m.
on June 2, 2014, through 6 a.m. on June 6, 2014, and on the following
subsequent dates and times if necessary: From 6 a.m. on June 11, 2014,
through 6 a.m. on June 13, 2014; from 6 a.m. on June 18, 2014, through
6 a.m. on June 20, 2014; and from 6 a.m. on June 25, 2014, through 6
a.m. on June 27, 2014.
(c) Regulations. (1) Under general regulations in Sec. 165.23,
entry into, transiting, or anchoring within the safety zone described
in paragraph (a) of this section is prohibited unless authorized by the
Captain of the Port Buffalo or his 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 his designated on-
scene representative.
(3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
(4) Vessel operators desiring to enter or operate within the safety
zone need to contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.
Dated: May 28, 2014.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2014-13767 Filed 6-11-14; 8:45 am]
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