[Federal Register Volume 80, Number 166 (Thursday, August 27, 2015)]
[Rules and Regulations]
[Pages 51943-51945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21301]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2014-0082]
RIN 1625-AA00
Safety Zones; Cleveland Dragon Boat Festival and Head of the
Cuyahoga, Cuyahoga River, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing regulations for annual,
combined marine events that require the establishment of a temporary
safety zone within the Captain of the Port Zone Buffalo on the Cuyahoga
River, Cleveland, OH. This safety zone regulation is necessary to
protect the surrounding public, spectators, participants, and vessels
from the hazards associated with the rowing regatta in the narrow
waterway of the Cuyahoga River. This rule is intended to restrict
vessels annually from a portion of the Cuyahoga River for up to 9 hours
during the combined Dragon Boat Festival and the Head of the Cuyahoga
Regatta.
DATES: This rule is effective September 28, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0082]. 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 Stephanie Pitts, Chief of Waterways Management, U.S.
Coast Guard Marine Safety Unit Cleveland; telephone 216-937-0128, 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 Head of the Cuyahoga (HOTC) rowing regatta has occurred
annually for over a decade and the Dragon Boat Festival for the last 8
years. In response to past years' events, the Coast Guard established a
temporary safety zone to protect the boating public. For example, in
2013, the Captain of the Port Buffalo initiated a rulemaking (78 FR
42736, July 17, 2013) to ensure the safety of spectators and vessels
during the rowing event. The safety zone in this final rule is
identical in size, location, and effect as that established by the 2013
rulemaking.
B. Basis and Purpose
As mentioned in the ``Regulatory History and Information'' section,
the HOTC is an annual rowing regatta that has taken place for over a
decade. The HOTC takes place on the Cuyahoga River along a 4800 meter
course and attracts numerous rowing clubs and programs from across the
U.S. Typically, the event occurs on the third Saturday of September
between the hours of 7 a.m. and 4 p.m. In 2014, the HOTC occurred
between 6 a.m. and 4 p.m. on September 20th.
In conjunction with the HOTC, the Seventh Annual Cleveland Dragon
Boat Festival will take place from Superior/Nautica Bend to just north
of the Detroit Superior Viaduct Bridge. The Dragon Boat festival will
feature three head-to-head races being held over the course of the day.
The Captain of the Port Buffalo has determined that the HOTC and
the Cleveland Dragon Boat Festival rowing events present significant
hazards to public spectators and participants.
C. Discussion of Comments, Changes and the Final Rule
We received one comment on the NPRM (79 FR 24656). This comment
requested the time of enforcement be changed from 10 hours to 9 hours
and to begin at 7 a.m. in lieu of the proposed 6 a.m. and still end at
4 p.m. as originally proposed. This change was requested for the better
facilitation of trade on the Cuyahoga River. Of note, the commenter,
Great Lakes Carriers Association noted that they completed a memorandum
of agreement with the Cuyahoga River rowing foundation to address this
very issue and to formalize the agreement between them to better allow
for diverse use of the river without hampering trade and vital to the
local economy. The Coast Guard, upon reviewing the comment considers
the change to the proposal to be in the best interest of this rule and
has amended the final rule to be effective for 9 hours, beginning at 7
a.m. and ending at 4 p.m. as requested.
The enforcement date and times for the safety zone that is listed
in 33 CFR 165.T09-0082 is to occur on the 3rd Saturday of September of
each year and to begin 7 a.m. and end at 4 p.m. For any given year, the
Captain of the Port Sector Buffalo will provide notice to the public by
publishing a Notice of Enforcement in the Federal Register, as well as,
issuing a Broadcast Notice to Mariners.
Entry into, transiting, or anchoring within the safety zones
identified in Sec. 165.T09-0082 will be prohibited unless authorized
by the Captain of the Port Buffalo or his on-scene representative. The
Captain of the Port or his 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 or 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.
[[Page 51944]]
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
received no comments from the Small Business Administration on this
rule. 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 would affect the following entities, some of which might
be small entities: The owners and operators of vessels intending to
transit or anchor in the safety zone while the zone is being enforced.
The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: Each
safety zone in this rule will be in enforced for no more than 9 hours
in any 24 hour period and enforced only once per year and will be in
areas with low commercial vessel traffic. Furthermore, this safety zone
has been designed to mitigate the delay to traffic by shortening the
enforcement period. In the event that a safety zone affects shipping,
commercial vessels may request permission from the Captain of the Port
Buffalo or his or her designated representative to transit the safety
zone or remain in the safety zone during the event.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please contact the person listed
in the FOR FURTHER INFORMATION CONTACT section above.
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,
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 would 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 would 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 From Environmental Health Risks
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 would not create an
environmental risk to health or risk to safety that might
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 would 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 rule 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 made a
preliminary determination 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 is categorically excluded,
under figure 2-1, paragraph (34)(g), of the Commandant Instruction
because it involves the establishment of a safety zone.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
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.
[[Page 51945]]
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; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T09-0082 to read as follows:
Sec. 165.T09-0082 Safety Zone; Cleveland Dragon Boat Festival and
Head of the Cuyahoga, Cuyahoga River, Cleveland, OH.
(a) Location. The following area is a safety zone: All waters of
the Cuyahoga River, Cleveland, OH between a line drawn perpendicular to
the river banks from position 41[deg]29'55'' N., 081[deg]42'23'' W.
(NAD 83) just past the Detroit-Superior Viaduct bridge at MM 1.42 of
the Cuyahoga River south to a line drawn perpendicular to the river
banks at position 41[deg]28'32'' N., 081[deg]40'16'' W. (NAD 83) just
south of the Interstate 490 bridge at MM 4.79 of the Cuyahoga River.
(b) Enforcement period. The third Saturday of September each year
from 7 a.m. to 4 p.m.
(c) Definitions. The following definitions apply to this section:
(1) ``On-scene Representative'' means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Buffalo
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
(2) ``Public vessel'' means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
this safety zone identified in paragraph (a) of this section is
prohibited unless authorized by the Captain of the Port Buffalo or his
designated on-scene representative.
(2) The safety zone identified in paragraph (a) of this section 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) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.
(4) Additionally, all vessels over 65 feet intending to transit,
moor or conduct operations to include loading or discharging of cargo
or passengers in the Cuyahoga River while the safety zone is being
enforced should request permission from the COTP or his/her designated
representative at least 12 hours before the zone is established.
(e) Exemption. Public vessels, as defined in paragraph (c) of this
section, are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Buffalo or his
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 public or environmental safety.
Dated: August 7, 2015.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2015-21301 Filed 8-26-15; 8:45 am]
BILLING CODE 9110-04-P