[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41811-41814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15240]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0557]
RIN 1625-AA87; 1625-AA00


Security Zones; 2016 Republican National Convention, and 
Associated Voluntary First Amendment Safety Zones, Lake Erie and 
Cuyahoga River, Cleveland, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary security zones and 
safety zones for navigable waters within the Cleveland Harbor during 
the 2016 Republican National Convention. The Republican National 
Convention and related activities will be held at Quicken Loans Arena 
and other venues from July 17, 2016 through July 22, 2016. The 
Department of Homeland Security has designated the 2016 Republican 
National Convention as a National Special Security Event (NSSE). The 
security zones are necessary to protect convention delegates, official 
parties, dignitaries, the public and surrounding waterways from 
terrorist acts, sabotage or other subversive acts, accidents, or other 
causes of a similar nature. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the Port 
Buffalo or a designated representative.

DATES: This rule is effective from 8 a.m. July 15, 2016 through 11:59 
p.m. July 22, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0557 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Michael Collet, Chief of Waterways Management, Sector 
Buffalo, U.S. Coast Guard; telephone 716-843-9322, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (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 due to it being impracticable and contrary to 
the public interest. Due to the sensitive security issues related to 
the Republican National Convention, providing a public notice and 
comment period would be contrary to the security zone's intended 
objective of protecting VIPs and the public, because we cannot share 
the sensitive security information details prior to the rule being 
published.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Any delay encountered in this 
temporary rule's effective date would be contrary to the public 
interest given the need to ensure the safety and security of the event 
and participating members during the Republican National Convention 
from July 15, 2016 through July 22, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Buffalo has

[[Page 41812]]

determined that potential hazards associated with this event are a 
security concern surrounding the area. These hazards include potential 
security threats, violent or disruptive public disorder, delivery of a 
weapon of mass destruction, launch of a stand-off attack weapon, or 
delivery of an armed assault force. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the security zone through various times throughout the event.
    Additionally, the Coast Guard believes that, given the nature of 
the First Amendment activity expected and the likely type of vessels 
used by individuals desiring to express their First Amendment rights--
namely kayaks and other small vessels--safety zones designating a 
voluntary First Amendment Area is necessary to ensure the safety of 
those vessels and persons who choose to express their views safely and 
without interference from, or interfering with, other maritime traffic.

IV. Discussion of the Rule

    From July 17, 2016 through July 22, 2016 the Republican National 
Convention will be held in Cleveland, Ohio. The Primary venue for the 
2016 Republican National Convention is Quicken Loans Arena, which is 
adjacent or proximate to the Cuyahoga River. Secondary venues and 
venues hosting convention-related activities include the Great Lakes 
Science Center, Burke Lakefront Airport, the Rock and Roll Hall of Fame 
and Museum, and other locations near downtown Cleveland on or in close 
proximity to navigable waters located on the Cuyahoga River and the 
portion of Lake Erie adjacent to the downtown Cleveland area. The 
security zones and safety zones will cover all navigable waters within 
the Cleveland Harbor surrounding the Burke Lakefront Airport and Rock 
and Roll Hall of Fame and Museum to the entrance of the Cuyahoga River 
and from the entrance of the Cuyahoga River to waters extending past 
the George V. Voinovich Bridge. The duration of the security zones and 
safety zone are intended to protect personnel, vessels, and the marine 
environment in these navigable waters while the convention and related 
activities are taking place. No vessel or person will be permitted to 
enter the security zones without obtaining permission from the Captain 
of the Port (COTP) or a designated representative.
    The Secretary of the Department of Homeland Security has designated 
the 2016 Republican National Convention as a National Special Security 
Event (NSSE). NSSE's are significant events, which, due to their 
political, economic, social, or religious significance, may render them 
particularly attractive targets of terrorism or other criminal 
activity. The Federal government provides support, assistance, and 
resources to state and local governments to ensure public safety and 
security during NSSE's.
    The Coast Guard has conducted threat, vulnerability, and risk 
analyses relating to the maritime transportation system and 2016 
Republican National Convention activities. Threats confronting the 2016 
Republican National Convention assume two primary forms: homeland 
security threats and violent or disruptive public disorder. Each of the 
locations described above are directly adjacent to Lake Erie or the 
Cuyahoga River and therefore make them vulnerable to waterborne 
threats. Considerable law enforcement presence on land may render 
maritime approaches a viable alternative. The City of Cleveland has 
critical infrastructure in its port area, which is proximate to the 
downtown area and the Convention's main venues. The Port of Cleveland 
is an industrial-based port, with significant storage and shipment of 
hazardous materials. Therefore, with regard to homeland security 
threats, the 2016 Republican National Convention presents an attractive 
target for terrorist and extremist organizations.
    The Department of Homeland Security Small Vessel Security Strategy 
sets forth several threat scenarios that must be mitigated in the 
maritime security planning for the 2016 Republican Convention. These 
threats include the potential use of a small vessel to: (1) Deliver a 
weapon of mass destruction; (2) launch a stand-off attack weapon; or 
(3) deliver an armed assault force. The 2016 Republican National 
Convention maritime security planning anticipates these threats, while 
minimizing the public impact of security operations.
    The security zones, safety zones, and accompanying security 
measures have been specifically developed to mitigate the risk of 
threats and vulnerabilities identified in the analysis discussed above. 
These measures have been limited to the minimum necessary to mitigate 
risks associated with the identified threats.
    While the Coast Guard is concerned about any security threats to 
the areas described above, the Coast Guard is likewise committed to 
ensuring that individuals who wish to express their opinions on any 
issue during the 2016 Republican National Convention have the means to 
do so in a manner that protects them and other vessels operating on 
Lake Erie and the Cuyahoga River. Therefore, the Coast Guard is also 
establishing two safety zones located northwest of the Rock and Roll 
Hall of Fame and Museum and on the Western side of the entrance to the 
Cuyahoga River, wherein the Coast Guard will allow demonstrators or any 
individual who wishes to express their views. These areas are being 
established to allow individuals expressing their views the means to do 
so in a safe manner to their intended audience without posing an undue 
risk to maritime safety. After analyzing maritime traffic patterns and 
other environmental factors, the Coast Guard is requiring that any 
persons or vessels permitted to operate within the safety zones shall 
travel at the minimum speed necessary to maintain a safe course. The 
navigation rules shall apply at all times within the safety zones.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss individuals First Amendment rights.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time of year of the security zone and safety 
zone. Vessel traffic will be able to safely transit around the security 
zones and safety zone; the zones will impact a small designated area 
and will be enforced only during the event and event-related 
activities. The security zones and safety zone will be in a location 
where commercial vessel traffic is expected to be minimal during 
enforcement; commercial vessel traffic will be authorized to transit 
the security zones to the extent compatible with public safety and 
security. Persons and vessels will be able to operate in the 
surrounding area adjacent to the security zones and safety zone during

[[Page 41813]]

the enforcement period, and will be able to enter within the security 
zones if authorized by the Captain of the Port Buffalo or a designated 
representative. Moreover, the Coast Guard will issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    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.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. 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.

F. 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 (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 security zones and a safety zone enforced intermittently 
between July 15, 2016 through July 22, 2016 that will prohibit entry 
within the waters surrounding the Burke Lakefront Airport, Rock and 
Roll Hall of Fame, and portions of the Cuyahoga River. 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.

G. First Amendment Activities

    The Coast Guard respects individuals' First Amendment rights. 
Individuals wishing to exercise First Amendment Rights are asked to 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to coordinate First Amendment Activities so that your message 
can be received without jeopardizing the safety or security of people, 
places, or vessels.

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 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for 33 CFR 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.T09-0557 to read as follows:


Sec.  165.T09-0557  Security Zones; 2016 Republican National 
Convention, and Associated Voluntary First Amendment Safety Zones, Lake 
Erie and Cuyahoga River, Cleveland, OH.

    (a) Locations (Broken down into 6 zones that will be enforced 
intermittently).
    (1) Zone 1: Encompasses all waters of Cleveland Harbor (near the 
Burke Lakefront Airport) starting shoreline at position 41[deg]31'45'' 
N., 081[deg]39'20'' W. (just East of Forest City Yacht Club and West of 
Quay 55); then extending approximately 4,000 feet northwest to position 
41[deg]32'23'' N., 081[deg]39'46'' W. (about 900 feet past the east 
break wall); then extending approximately 1.6 nm southwest to position 
41[deg]31'26'' N., 081[deg]41'28'' W.; then extending southwester to 
the shoreline at position 41[deg]31'07'' N., 081[deg]41'17'' W. (toward 
the Southwest corner of the Burke Lakefront Airport); then following 
the shoreline back to the point of origin.

[[Page 41814]]

    (2) Zone 2: Encompasses all waters of Cleveland Harbor (near the 
Rock and Roll Hall of Fame and Museum) starting shoreline at position 
41[deg]31'07'' N., 081[deg]41'17'' W. (near the Southwest corner of the 
Burke Lakefront Airport); then extending approximately 2,100 feet 
northwest to position 41[deg]31'26'' N., 081[deg]41'28'' W.; then 
extending approximately 1 nm southwest to position 41[deg]30'47'' N., 
081[deg]42'35'' W. (about 900 feet past the west break wall); then 
extending to the shoreline at position 41[deg]30'24'' N., 
081[deg]42'19'' W. (Southwest of the Rock and Roll Hall of Fame and 
Museum); then following the shoreline back to the point of origin.
    (3) Zone 3: Encompasses all waters of Cleveland Harbor (from about 
2,000 feet southwest of the Rock and Roll Hall of Fame throughout the 
Cuyahoga river) starting at 41[deg]30'24'' N., 081[deg]42'19'' W. 
(Southwest of the Rock and Roll Hall of Fame); then extending 
approximately 2,600 feet northwest to position 41[deg]30'47'' N., 
081[deg]42'35'' W.; then extending approximately 4,000 feet southwest 
to position 41[deg]30'26'' N., 081[deg]43'17'' W. (about 1,200 feet 
southwest of Cleveland Harbor West Pierhead Lighthouse); then extending 
shoreline to position 41[deg]29'59'' N. and 081[deg]43'01'' W. (just 
east of the eastern entrance to the Whiskey Island Marina), then 
following the west bank up the Cuyahoga River, not including the Old 
River, to position 41[deg]29'40'' N., 081[deg]41'55'' W. and extending 
in a straight line across the river to 41[deg]29'38'' N. and 
081[deg]41'53'' W. (the West side of Carter Road Bridge); then 
following the east bank of the Cuyahoga River and shoreline back to the 
point of origin.
    (4) Zone 4: Encompasses all waters of the Cuyahoga River (near 
collision bend) starting near the Carter Road Bridge at position 
41[deg]29'40'' N., 081[deg]41'55'' W. then extending in a straight line 
across the river to position 41[deg]29'38'' N., 081[deg]41'53'' W.; 
then continuing along the shoreline of the river to a point just east 
of the George V. Voinovich Bridge at position 41[deg]29'11'' N., 
081[deg]41'23'' W.; then extending in a straight line across the river 
to 41[deg]29'09'' N., 081[deg]41'23'' W.; then following the shoreline 
back to the point of origin.
    (5) Zone 5: Voluntary First Amendment Safety Zone: Encompasses all 
waters of Lake Erie, Cleveland Harbor; Cleveland, OH (in the west 
basin) starting at position 41[deg]30'30'' N., 081[deg]42'27'' W.; then 
extending approximately 650 feet northwest to position 41[deg]30'36'' 
N., 081[deg]42'31'' W.; then extending approximately 1,200 feet 
southwest to position 41[deg]30'29'' N., 081[deg]42'44'' W.; then 
extending to approximately 650 feet to position 41[deg]30'23'' N. and 
081[deg]42'40'' W.; then following a straight line back to the point of 
origin.
    (6) Zone 6: Voluntary First Amendment Safety Zone: Encompasses all 
waters of Lake Erie, Cleveland Harbor; Cleveland, OH (near Whiskey 
Island Marina) starting at position 41[deg]30'06'' N., 081[deg]43'14'' 
W.; then extending approximately 600 feet northwest to position 
41[deg]30'11'' N., 081[deg]43'17'' W.; then extending approximately 
1,200 feet southwest to position 41[deg]30'04'' N., 081[deg]43'30'' W.; 
then extending to position 41[deg]29'59'' N. and 081[deg]43'26'' W.; 
then following back to the point of origin.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port (COTP) Buffalo.
    (c) Regulations. (1) Under the general security zone regulations in 
Sec.  165.33 of this part, you may not enter the security zone 
described in paragraph (a) of this section unless authorized by the 
COTP or the COTP's designated representative.
    (2) To seek permission to enter the security zones, contact the 
COTP Buffalo or the COTP's representative. Those in the security zone 
must comply with all lawful orders or directions given to them by the 
COTP or the COTP's designated representative. Entrance into the safety 
zones, zones 5-6, do not require notification to the COTP or the COTP's 
designated representative; however persons or vessels operating within 
the safety zones shall travel at the minimum speed necessary to 
maintain a safe course. Under the general safety zone regulations in 
Sec.  165.23(d) of this part, each person in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative. Vessels wishing to enter the 
safety zones will not be allowed to cross an active security zone and 
should make alternative arrangements if necessary.
    (d) Enforcement Period. Zones 1-4 will be enforced intermittently 
from 8 a.m. July 15, 2016 through 11:59 p.m. July 22, 2016. Zone 5 will 
be enforced from 2 p.m. through 11:59 p.m. on July 17, 2016. Zone 6 
will be enforced from 9 a.m. on July 17, 2016 through 8 p.m. on July 
21, 2016. Public notice of enforcement periods will be made via 
Broadcast Notice to Mariners over VHF channel 16.

    Dated: June 22, 2016.
B.W. Roche,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2016-15240 Filed 6-27-16; 8:45 am]
 BILLING CODE 9110-04-P