[Federal Register Volume 78, Number 137 (Wednesday, July 17, 2013)]
[Proposed Rules]
[Pages 42733-42736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17105]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0523]
RIN 1625-AA00


Safety Zone; Cleveland Dragon Boat Festival and Head of the 
Cuyahoga, Cuyahoga River, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the Cuyahoga River, Cleveland, OH. This proposed rule is intended to 
restrict vessels from a portion of the Cuyahoga River during the Dragon 
Boat Festival and Head of the Cuyahoga boating events. The safety zone 
established by this proposed rule is necessary to protect the 
surrounding public, spectators, participants, and vessels from the 
hazards associated with rowing regattas.

DATES: Comments and related materials must be received by the Coast 
Guard on or before August 16, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0523 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Delivery: at the same as mail address above, between 9 a.m. and 
5 p.m., Monday through Friday, except federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

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 Barbara Hairston, 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
TFR Temporary Final Rule

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2013-0523), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online at http://www.regulations.gov or by fax, mail, or hand delivery, 
but please use only one of these means. If you submit a comment online, 
it will be considered received by the Coast Guard when the comment is 
successfully transmitted. If you fax, hand deliver, or mail your 
comment, it will be considered received by the Coast Guard when the 
comment is received at the Docket Management Facility. We recommend 
that you include your name and a mailing address, an email address, or 
a telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0523] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0523) 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.

[[Page 42734]]

and 5 p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. 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 7 
years. In response to past years' events, the Coast Guard has 
established a temporary safety zone to protect the boating public. For 
example, in 2012, the Captain of the Port Buffalo published a temporary 
final rule (77 FR 54813) to ensure the safety of spectators and vessels 
during the rowing event. The safety zone proposed in this Notice of 
Proposed Rulemaking (NPRM) is identical in size, location, and effect 
as that established by the 2012 TFR.

C. 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. In 2013, the HOTC will occur between 8 a.m. and 4 p.m. on 
September 21, 2012.
    In conjunction with the HOTC, the 7th 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 boat 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.

D. Discussion of Proposed Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Buffalo proposes to establish a temporary safety zone that will ensure 
the safety of spectators and vessels during the HOTC and during the 
Cleveland Dragon Boat Festival. The proposed safety zone will be 
effective and enforced from 8 a.m. until 4 p.m. on September 21, 2013.
    The proposed 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 position 41[deg]29'55'' N, 
081[deg]42'23'' W (NAD 83) just past the Detroit-Superior Viaduct 
bridge.
    Entry into, transiting, or anchoring within the proposed safety 
zone is 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.

E. Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed 
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 proposed rule will be relatively small 
and enforced for relatively short time. Also, the proposed safety zone 
is designed to minimize its impact on navigable waters. Furthermore, 
the proposed safety 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 proposed 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 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 
proposed rule will not have a significant economic impact on a 
substantial number of small entities. This proposed 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 8 a.m. to 4 p.m. on 
September 21, 2013.
    This proposed safety zone will not have a significant economic 
impact on a substantial number of small entities for the following 
reasons: The safety zone will be in effect for only 9 and a half hours. 
Although the safety zone would apply to the entire width of the river, 
traffic would be allowed to pass through the zone with the permission 
of the Captain of the Port. Before the activation of the zone, we would 
issue maritime advisories widely available to users of the river.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this

[[Page 42735]]

proposed rule or any policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 listen 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 proposed rule is categorically 
excluded, under figure 2-1, paragraph (34)(g), of the Commandant 
Instruction because it involves the establishment of a safety zone.
    A preliminary environmental analysis checklist and a preliminary 
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 
proposed rule.

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 proposes 
to amend 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.T09-0523 to read as follows:


Sec.  165.T09-0523  Safety Zone; Cleveland Dragon Boat Festival and 
Head of the Cuyahoga, Cuyahoga River, Cleveland, OH.

    (a) Location. The proposed 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 position 41[deg] 29'55'' N, 
081[deg]42'23'' W (NAD 83) just past the Detroit-Superior Viaduct 
bridge.
    (b) Effective and Enforcement Period. This regulation is effective 
and will be enforced on September 21, 2013 from 8 a.m. until 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 U.S., or by a State or political subdivision thereof.
    (d) Regulations. (1) In accordance with the general regulations in 
section 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

[[Page 42736]]

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.
    (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.
    (g) Notification. The Captain of the Port Buffalo will notify the 
public that the safety zones in this section is or will be enforced 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 will issue a Broadcast Notice to 
Mariners notifying the public when enforcement of the safety zone is 
cancelled.

    Dated: June 27, 2013.
J. S. Imahori,
Commander, U.S. Coast Guard, Acting Captain of the Port Buffalo.
[FR Doc. 2013-17105 Filed 7-16-13; 8:45 am]
BILLING CODE 9110-04-P