[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]
BILLING CODE 9110-04-P