[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Rules and Regulations]
[Pages 54813-54815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21921]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0569]
RIN 1625-AA00


Safety Zone; Head of the Cuyahoga, U.S. Rowing Masters Head Race 
National Championship, and Dragon Boat Festival, Cuyahoga River, 
Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard will establish a temporary safety zone on the 
Cuyahoga River, Cleveland, OH. This safety zone is intended to restrict 
vessels from a portion of the Cuyahoga River during the Head of the 
Cuyahoga, the U.S. Rowing Masters Head Race International Championship, 
and the Cleveland Dragon Boat Festival. This safety zone is necessary 
to protect spectators, participants, and vessels from the hazards 
associated with rowing regattas.

DATES: This rule is effective from 7 a.m. on September 15, 2012, until 
4 p.m. on September 16, 2012.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket [USCG-2012-0569]. 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.'' You may visit the Docket Management Facility, 
Department of Transportation, West Building Ground Floor, Room W12-140, 
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 Waterway Management, 
U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email 
[email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On July 3, 2012, we published a Notice of Proposed Rulemaking 
(NPRM) entitled Safety Zone; Head of the Cuyahoga and U.S. Rowing 
Masters Head Race National Championship, Cuyahoga River, Cleveland, OH 
in the Federal Register (77 FR 39453). We received 2 comments on the 
proposed rule, although both were made by a single organization--the 
Lake Carriers' Association (LCA). The LCA's comments are addressed 
below. No public meeting was requested, and none was held.

B. Basis and Purpose

    Between 7 a.m. and 4 p.m. on September 15, 2012, the annual Head of 
the Cuyahoga rowing regatta will take place on the Cuyahoga River in 
Cleveland, OH. In conjunction with the HOTC, the Cleveland Dragon Boat 
Festival will take place just north of the Detroit Superior Viaduct 
Bridge on the Cuyahoga River, Cleveland, OH.
    Following the HOTC and the Cleveland Dragon Boat Festival on the 
15th of September, the U.S. Rowing Masters Head Race National 
Championship will take place on September 16th along the same portion 
of the Cuyahoga River.
    The Captain of the Port Buffalo has determined that the HOTC, the 
U.S. Rowing Masters Head Race National Championship, and the Cleveland 
Dragon Boat Festival rowing events

[[Page 54814]]

present significant hazards to public spectators and participants.

C. Discussion of Comments, Changes, and the Final Rule

    As mentioned above, the Coast Guard received two comments from the 
LCA in response to the NPRM published on July 3, 2012. One comment was 
presented directly to the Coast Guard's Marine Safety Unit (MSU) in 
Cleveland, OH on or about July 6, 2012. The other comment was submitted 
online on July 24, 2012. The comment submitted online is available in 
the docket. In sum, both LCA comments convey a concern about the 
effects that this safety zone will have on its members ability to enter 
the port and transit the Cuyahoga river. The LCA's online comment 
expresses a general dissatisfaction with ``lengthy closures of 
commercial waterways'' and a specific disagreement with this safety 
zone's proposed ten (10) hour closure of the river. Particularly, the 
LCA claims that the proposed ten (10) hour closure is one (1) hour 
longer than required by the race sponsors.
    In response to the above comments, the Captain of the Port Buffalo 
consulted with the event sponsor to reassess the necessary enforcement 
times of this safety zone. Consequently, the Captain of the Port 
Buffalo has decided to shorten the length of the enforcement period. 
Previously, the NPRM proposed that the safety zone would be enforced 
from 6:30 a.m. until 4:30 p.m. on September 15 and 16, 2012. Now, in 
light of the LCA's concerns, this temporary final rule establishes an 
enforcement period from 7 a.m. until 4 p.m. on those same dates.
    As discussed in the NPRM, this temporary safety zone is necessary 
to ensure the safety of spectators and vessels during the Head of the 
Cuyahoga, U.S. Rowing Masters Head Race National Championship, and the 
Cleveland Dragon Boat Festival. As mentioned above, the safety zone 
will be effective and enforced from 7 a.m. until 4 p.m. on September 15 
and 16, 2012.
    The safety zone will encompass all waters of the Cuyahoga River, 
Cleveland, OH from a line drawn perpendicular from position 
41[deg]28'32'' N, 081[deg]40'16'' W (NAD 83) just south of the 
Interstate 490 bridge, north to the Detroit-Superior Viaduct bridge.
    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 13 of 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 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 relatively short time. Also, the safety zone is designed to 
minimize its impact on 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

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during 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.
    This rule may affect the following entities, some of which might be 
small entities: the owners of operators of vessels intending to transit 
or anchor in a portion of the Cuyahoga River near Cleveland, Ohio 
between 7 a.m. to 4 p.m. on September 15 and 16, 2012.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. This 
safety zone will be enforce for only 9 hours each day for two days. 
Although the safety zone will apply to the entire width of the river, 
traffic will be allowed to pass through the zone with the permission of 
the Captain of the Port. Before the enforcement of the zone, we will 
issue maritime advisories widely available to users of the river.

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 will 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 
INTFORMATION 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

[[Page 54815]]

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 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 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: 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.T09-0569 to read as follows:


Sec.  165.T09-0569  Safety Zone; Head of the Cuyahoga, U.S. Rowing 
Masters Head Race National Championship, and Cleveland Dragon Boat 
Festival, Cuyahoga River, Cleveland, OH.

    (a) Location. The safety zone will encompass all waters of the 
Cuyahoga River, Cleveland, OH from a line drawn perpendicular from 
position 41[deg]28'32'' N, 081[deg]40'16'' W (NAD 83) just south of the 
Interstate 490 bridge, north to the Detroit-Superior Viaduct bridge.
    (b) Enforcement Period. This regulation will be enforced on 
September 15 and 16, 2012 from 7 a.m. until 4 p.m.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting, or anchoring within this safety zone 
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 shall 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: August 22, 2012.
S.M. Wischmann,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2012-21921 Filed 9-5-12; 8:45 am]
BILLING CODE 9110-04-P