[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Pages 55282-55284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24059]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-1007]
RIN 1625-AA87
Security Zone; Senior Government Official's Visit to Cleveland,
Lake Erie, Cleveland, OH
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary security zone for
navigable waters on Lake Erie for a senior government official's visit
to Cleveland, OH. The security zone is necessary to protect the
official party, 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 the zone is
prohibited unless specifically authorized by the Captain of the Port
Buffalo or a designated representative.
DATES: This rule is effective from 8:00 a.m. until 8:00 p.m. on
November 5, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-1007 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 LTJG Sean Dolan, 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
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 because it is impracticable and contrary to
the public interest due to sensitive security issues related to a
Senior Government Official's visit to Cleveland, OH. Providing a public
notice and comment period would be contrary to the security zone's
intended objective of protecting the official party and the public.
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 during a
Senior Government Official's visit on November 5, 2018.
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 determined that potential
security hazards are associated with this event in this 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 throughout
the duration of the event.
IV. Discussion of the Rule
On November 5, 2018, a Senior Government Official is expected to
visit Cleveland, Ohio. The venue will include locations near downtown
Cleveland. The security zone will cover all navigable waters within
portions of Lake Erie: 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 13,000 feet to position 41[deg]31'02'' N,
081[deg]42'10'' W; then extending southwest to the shoreline at
position 41[deg]30'38'' N, 081[deg]41'53'' W (near the northwest edge
of Voinovich Park); then following the shoreline back to the point of
origin, in the vicinity of the Burke Lakefront Airport.
The security zone is necessary to protect the official party,
personnel, vessels, the public and surrounding waterways from terrorist
acts, sabotage or other subversive acts, accidents, or other causes of
a similar nature. No vessel or person will be permitted to enter the
security zone without obtaining permission from the Captain of the Port
(COTP) or a designated representative.
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 First Amendment rights of protestors.
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 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the fact that we
anticipate that it will have a 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 security zone created by this rule will be
relatively small and is designed to minimize its impact on navigable
waters. Furthermore, the security zone has been designed to allow
vessels to transit around it. Thus, restriction on vessel movement
within that particular area are expected to be minimal.
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
[[Page 55283]]
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
Directive 023-01 and Commandant Instruction M16475.1D, 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
establishes a security zone. It is categorically excluded from further
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES.
G. 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.
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: 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.T09-1007 to read as follows:
Sec. 165.T09-1007 Security Zone; Senior Government Official's Visit
to Cleveland, Lake Erie, Cleveland, OH.
(a) Location. The security zone will encompass 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
13,000 feet to position 41[deg]31' 02'' N, 081[deg]42' 10'' W; then
extending southwest to the shoreline at position 41[deg]30' 38'' N,
081[deg]41' 53'' W (near the northwest edge of Voinovich Park); then
following the shoreline back to the point of origin.
(b) Enforcement Period. This rule is effective from 8:00 a.m. until
8:00 p.m. on November 5, 2018.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into, transiting, or anchoring within this security
zone is prohibited unless authorized by the Captain of the Port Buffalo
or his designated on-scene representative.
(2) This security 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
security 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
[[Page 55284]]
of the Port Buffalo, or his on-scene representative.
Dated: October 30, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-24059 Filed 11-2-18; 8:45 am]
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