[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